2005 Nevada Revised Statutes - Chapter 318 — General Improvement Districts

CHAPTER 318 - GENERAL IMPROVEMENT DISTRICTS

GENERALPROVISIONS

NRS 318.010 Shorttitle.

NRS 318.015 Legislativedeclaration.

NRS 318.020 Definitions.

NRS 318.025 Computationof time.

NRS 318.030 Correctionof faulty notices.

NRS 318.035 Sufficiencyof chapter.

NRS 318.040 Liberalconstruction.

ORGANIZATION OF DISTRICTS

NRS 318.050 Jurisdictionin board of county commissioners; interest of county commissioners or trustees.

NRS 318.055 Formationof district: Resolution or petition; ordinance.

NRS 318.060 Noticeof organizational hearing.

NRS 318.065 Protestsagainst organization of district.

NRS 318.070 Organizationalhearing; ordinances creating or not creating district.

NRS 318.075 Conclusivenessof ordinance creating district; time for appeal; filing of ordinance withSecretary of State.

NRS 318.077 Additionof basic powers not provided in formation: Procedure.

BOARD OF TRUSTEES; DISTRICT POWERS

NRS 318.080 Dutiesof board of county commissioners; appointment of initial board of trustees;bond; removal of trustee.

NRS 318.085 Organizationof board of trustees; election of officers; records; bonds; compensation.

NRS 318.090 Officeor principal place of business; records; meetings; quorum; vacancies; terms.

NRS 318.095 Biennialelection of trustees; reimbursement of costs of election; names of candidatesmay be placed on primary or general election ballot; terms of office.

NRS 318.0951 Trusteeselected by plurality vote.

NRS 318.0952 Electionareas within district: Procedure for creation; election of trustees; alterationor abolishment of election areas.

NRS 318.09523 Singlecandidate declared elected.

NRS 318.09525 Registrationto vote in district elections.

NRS 318.0953 Countycommissioners as ex officio board of trustees: Mandatory and optionalassumption of duties.

NRS 318.09533 Countycommissioners as ex officio board of trustees: Oath; additional compensation;designation of officers; meetings; powers.

NRS 318.09535 Countycommissioners as ex officio board of trustees: Establishment of local districtmanaging board; vacancies on board.

NRS 318.0954 Transitionof boards of trustees of certain reorganized districts.

NRS 318.0955 Recallof trustees.

NRS 318.0956 Trusteesnot to be interested in sales or contracts; exception; penalties.

NRS 318.0957 Trusteesinterest in contracts made in official capacity prohibited; exception;contracts void; penalties.

NRS 318.098 Assistanceto district from county officers: Request; agreement; limitation on cost;payment.

NRS 318.100 Basicpowers of board; acquisition, construction or servicing of improvements.

NRS 318.101 Powerof board to use alternate procedures for acquisition, construction or servicingof improvements.

NRS 318.102 Powersof district concerning location and construction of improvements subordinate topowers of Nevada Tahoe Regional Planning Agency. [Effective upon proclamationby Governor of withdrawal of California from Tahoe Regional Planning Compact orof his finding that the Tahoe Regional Planning Agency has become unable toperform its duties or exercise its powers.]

NRS 318.103 Powersof district concerning location and construction of improvements subordinate topowers of regional planning agency.

NRS 318.105 Perpetualexistence of board.

NRS 318.110 Corporateseal.

NRS 318.115 Suits,actions and proceedings.

NRS 318.116 Basicpowers which may be granted to district.

NRS 318.117 Electriclight and power.

NRS 318.1175 Energyfor space heating.

NRS 318.1177 Establishmentof area or zone for preservation of endangered or threatened wildlife.

NRS 318.118 Insectand rat extermination and abatement.

NRS 318.1181 Protectionfrom fire.

NRS 318.1185 Emergencymedical services.

NRS 318.1187 Facilitiesfor FM radio.

NRS 318.119 Publiccemeteries.

NRS 318.1191 Swimmingpools.

NRS 318.1192 Facilitiesfor television: Powers of board.

NRS 318.1193 Facilitiesfor television: Limitation on organization if area includes existing service.

NRS 318.1194 Facilitiesfor television: Approval of electors required in certain districts forfranchise for community antenna television system.

NRS 318.1195 Fencing.

NRS 318.120 Streetsand alleys.

NRS 318.125 Curbs,gutters and sidewalks.

NRS 318.130 Sidewalks.

NRS 318.135 Stormdrainage or flood control.

NRS 318.140 Sanitarysewer improvements.

NRS 318.141 Lightingof streets.

NRS 318.142 Collectionand disposal of garbage and refuse.

NRS 318.143 Recreationalfacilities.

NRS 318.144 Supply,storage and distribution of water.

NRS 318.1445 Districtnot required to furnish water for man-made lake or stream when prohibited byordinance in certain counties; exceptions.

NRS 318.145 Operation,maintenance and repair of improvements.

NRS 318.160 Acquisition,disposal of and encumbrances on property.

NRS 318.165 Entryon land, water or premises to survey or inspect.

NRS 318.170 Water,drainage, sewerage and disposal of garbage and other refuse: Approval ofsystem; additional powers.

NRS 318.175 Managementof districts business; acquisition and operation of projects.

NRS 318.180 Employees:Power to hire and retain.

NRS 318.185 Employees:Duties and compensation.

NRS 318.190 Eminentdomain.

NRS 318.195 Constructionof works across watercourse, highway or vacant public land; restoration ofproperty.

NRS 318.197 Rates,tolls and charges; liens; regulations governing connection and disconnectionfor facilities and services of district; collection of charges and penalties.

NRS 318.199 Rates,tolls and charges for sewerage or water services or products: Schedules; publichearings; adoption of resolution; action to set aside resolution.

NRS 318.201 Procedurefor collection of service charges on tax roll.

NRS 318.202 Procedurefor collection of charges for connecting to water, drainage or seweragefacilities on tax roll or by special assessments.

NRS 318.203 Structurereasonably believed to be used as dwelling unit: Affidavit filed by employee ofdistrict or other person; notice and hearing; resolution to charge owner ofdwelling unit for services provided by district.

NRS 318.205 Bylaws.

NRS 318.210 Impliedpowers.

NRS 318.215 Conveyanceof facilities to city or town; assumption of indebtedness; dissolution ofdistrict.

NRS 318.220 Conveyancesby cities, counties or districts to general improvement districts.

TAXATION

NRS 318.225 Powerto levy taxes.

NRS 318.230 Levyand collection of taxes.

NRS 318.235 Leviesto cover deficiencies.

NRS 318.240 Countyofficers to levy and collect.

NRS 318.245 Salesfor delinquencies.

NRS 318.250 Reservefunds.

BOUNDARIES; INCLUSION AND EXCLUSION OF PROPERTY

NRS 318.256 Boundarychanges; liability of property.

NRS 318.257 Exclusion.

NRS 318.258 Inclusion.

ANNEXATION OF TERRITORY BY DISTRICT CREATED TO FURNISHELECTRICITY

NRS 318.261 Annexationof territory to district.

NRS 318.262 Petitionto enlarge district; approval of annexation by governing body of city required.

NRS 318.263 Petition:Contents.

NRS 318.264 Petition:Withdrawal and objections.

NRS 318.266 Publichearing; notice; requirements for conducting hearing.

NRS 318.267 Determinationby board; filing of order by county clerk.

NRS 318.268 Reimbursementto property owners who paid costs of extending facilities.

NRS 318.269 Liabilityof included real property for taxes, charges and bonded indebtedness ofdistrict; exceptions.

NRS 318.271 Appealof denied petition to board of county commissioners.

NRS 318.272 Judicialreview.

BORROWING, BONDS AND SPECIAL ASSESSMENTS

NRS 318.275 Formsof borrowing; approval of debt management commission.

NRS 318.277 Debtlimit of district.

NRS 318.280 Short-termnotes, warrants and interim debentures.

NRS 318.320 Revenuebonds: Issuance for acquisition or improvement of facilities.

NRS 318.325 LocalGovernment Securities Law: Types of securities authorized to be issued.

NRS 318.339 Powerof certain districts to borrow money from State or Federal Government.

NRS 318.350 Assessmentsto pay expenses of improvements; exempt property.

MERGER, CONSOLIDATION AND DISSOLUTION OF DISTRICTS

NRS 318.490 Initiationby ordinance; notice; agreement of board of trustees of certain districtsrequired.

NRS 318.492 Procedurewhen district included within boundaries of incorporated city.

NRS 318.495 Protests;adoption of final ordinance.

NRS 318.500 Hearing.

NRS 318.505 Filingof copies of ordinance.

NRS 318.508 Effectof final ordinance to dissolve district included within boundaries ofincorporated city.

NRS 318.510 Surrenderand transfer of property and money; collection and disposition of taxes andspecial assessments.

CORRECTIVE ACTION

NRS 318.515 Procedurefor corrective action by board of county commissioners: Notification orpetition; hearing; adoption and challenge of ordinance or resolution.

EFFECT OF CHAPTER 542, STATUTES OF NEVADA 1967

NRS 318.520 Rightsand liabilities not affected by enactment.

NRS 318.525 Reorganizationof governing bodies of certain districts; exercise of powers under chapter 318 of NRS.

NRS 318.530 Outstandingsecurities and contracts not affected or modified.

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GENERAL PROVISIONS

NRS 318.010 Shorttitle. This chapter shall be known and may becited as the General Improvement District Law.

(Added to NRS by 1959, 457)

NRS 318.015 Legislativedeclaration.

1. It is hereby declared as a matter of legislativedetermination that the organization of districts having the purposes, powers,rights, privileges and immunities provided in this chapter will serve a publicuse and will promote the health, safety, prosperity, security and generalwelfare of the inhabitants thereof and of the State of Nevada; that theacquisition, improvement, maintenance and operation of any project authorizedin this chapter is in the public interest and constitutes a part of the establishedand permanent policy of the State of Nevada; and that each district organizedpursuant to the provisions of this chapter shall be a body corporate andpolitic and a quasi-municipal corporation. For the accomplishment of thesepurposes the provisions of this chapter shall be broadly construed.

2. It is hereby further declared that the provisionsof this chapter are not intended to provide a method for financing the costs ofdeveloping private property.

3. It is hereby further declared as a matter oflegislative determination that the notice provided for in this chapter for eachhearing and action to be taken is reasonably calculated to inform the partiesof all proceedings which may directly and adversely affect their legallyprotected interest.

(Added to NRS by 1959, 457; A 1977, 525)

NRS 318.020 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Acquisition, acquire and acquiring each meansacquisition, extension, alteration, reconstruction, repair or other improvementby purchase, construction, installation, reconstruction, condemnation, lease,rent, gift, grant, bequest, devise, contract or other acquisition, or anycombination thereof.

2. Board of trustees and board alone each meansthe board of trustees of a district.

3. FM radio means a system of radio broadcasting bymeans of frequency modulation.

4. General improvement district and district aloneeach means any general improvement district organized or, in the case oforganizational provisions, proposed to be organized, pursuant to this chapter.

5. Mail means a single mailing first class or itsequivalent, postage prepaid, by deposit in the United States mails, at least 15days before the designated time or event.

6. Project and improvement each means anystructure, facility, undertaking or system which a district is authorized toacquire, improve, equip, maintain or operate. A project may consist of allkinds of personal and real property, including, but not limited to, land,elements and fixtures thereon, property of any nature appurtenant thereto or usedin connection therewith, and every estate, interest and right therein, legal orequitable, including terms for years, or any combination thereof.

7. Publication means publication once in a newspaperof general circulation in the district at least 15 days before the designatedtime or event.

8. Qualified elector means a person who hasregistered to vote in district elections.

9. Special assessment district means any localpublic improvement district organized within a general improvement district bythe board of trustees of such general improvement district pursuant to thischapter.

10. Trustees means the members of a board.

(Added to NRS by 1959, 458; A 1967, 1679; 1973, 86;1977, 525; 1995, 1904; 2005,725)

NRS 318.025 Computationof time. For the purpose of computing any periodof time prescribed in this chapter, the first day of the designated action ortime must be excluded and the last day of the designated action or time must beincluded.

(Added to NRS by 1959, 459; A 2005, 726)

NRS 318.030 Correctionof faulty notices. In any case where a noticeis provided for in this chapter, if the court finds for any reason that duenotice was not given, the court shall not thereby lose jurisdiction, and theproceeding in question shall not thereby be void or abated; but the court shallorder due notice to be given and shall continue the hearing until such time asnotice is properly given, and thereupon shall proceed as though notice had beenproperly given in the first instance.

(Added to NRS by 1959, 459)

NRS 318.035 Sufficiencyof chapter. This chapter, without reference toother statutes of the State, except as specifically provided in this chapter,shall constitute full authority for the authorization and issuance of bondshereunder. No other law with regard to the authorization or issuance of bondsthat provides for an election, requires an approval, or in any way impedes orrestricts the carrying out of the acts authorized by this chapter to be doneshall be construed as applying to any proceedings taken under this chapter oracts done pursuant thereto, it being intended that this chapter shall provide aseparate method of accomplishing its objectives, and not an exclusive one; andthis chapter shall not be construed as repealing, amending or changing any suchother law.

(Added to NRS by 1959, 459)

NRS 318.040 Liberalconstruction. This chapter being necessary tosecure the public health, safety, convenience and welfare, it shall beliberally construed to effect its purposes.

(Added to NRS by 1959, 459)

ORGANIZATION OF DISTRICTS

NRS 318.050 Jurisdictionin board of county commissioners; interest of county commissioners or trustees.

1. Except as otherwise provided in this chapter, theboard of county commissioners of any county within this state is hereby vestedwith jurisdiction, power and authority to create districts within the countywhich it serves.

2. No member of a board of county commissioners orboard of trustees shall be disqualified to perform any duty imposed by thischapter by reason of ownership of property within any proposed district.

3. If the boundaries of a proposed district includeterritory within two or more counties, the board of county commissioners of thecounty in which is located the larger or largest proportion of the area of theproposed district has the jurisdiction, power and authority to create thedistrict, to broaden its basic powers and otherwise to supervise the districtas provided in this chapter.

(Added to NRS by 1959, 459; A 1963, 570; 1967, 1685)

NRS 318.055 Formationof district: Resolution or petition; ordinance.

1. The formation of a district may be initiated by:

(a) A resolution adopted by the board of countycommissioners; or

(b) A petition proposed by any owner of property to belocated in the district.

2. After adoption of the resolution or receipt of thepetition the organization of the district must be initiated by the adoption ofan ordinance by the board of county commissioners, which is in this chaptersometimes designated the initiating ordinance. No initiating ordinance may beadopted by the board of county commissioners if the proposed district includesany real property within 7 miles from the boundary of an incorporated city orunincorporated town unless:

(a) All members of the board of county commissionersunanimously vote for the organization of a district with boundaries whichcontravene this 7-mile limitation;

(b) A petition for annexation to or inclusion withinthe incorporated city or unincorporated town of that property has first beenfiled with the governing body of the incorporated city or unincorporated townpursuant to law and the governing body thereof has refused to annex or includethat property and has entered the fact of that refusal in its minutes;

(c) No part of the area within the district is eligiblefor inclusion in a petition for such an annexation; or

(d) The governing body of the incorporated city or thetown board of the unincorporated town, by resolution, consents to the formationof the district.

3. Except as is otherwise provided in this chapter, adistrict may be entirely within or entirely without, or partly within andpartly without, one or more municipalities or counties, and the district mayconsist of noncontiguous tracts or parcels of property.

4. The initiating ordinance must set forth:

(a) The name of the proposed district, consisting of achosen name preceding the word District, or, if the district is authorized toexercise more than one basic power, the words General Improvement District.If a districts name as provided in the organizational proceedings does notinclude the words General Improvement, and if subsequently any additionalbasic power is granted to the district pursuant to NRS 318.077, the board of countycommissioners may redesignate the district with a chosen name preceding thewords General Improvement District.

(b) A statement of the basic power or basic powers forwhich the district is proposed to be created (for instance, by way ofillustration, for paving, curb and gutters, sidewalks, storm drainage andsanitary sewer improvements within the district). The basic power or basicpowers stated in the initiating ordinance must be one or more of thoseauthorized in NRS 318.116, assupplemented by the sections of this chapter designated therein.

(c) A statement that the ordinance creating thedistrict will be based on the boards finding:

(1) That public convenience and necessityrequire the creation of the district;

(2) That the creation of the district iseconomically sound and feasible;

(3) That the service plan for the districtconforms to subsection 1 of NRS 308.030;and

(4) That the service plan for the district doesnot contravene any of the criteria enumerated in subsection 1 of NRS 308.060.

(d) A general description of the boundaries of thedistrict or the territory to be included therein, with such certainty as toenable an owner of property to determine whether his property is within thedistrict.

(e) The place and time for the hearing on the creationof the district.

(Added to NRS by 1959, 459; A 1963, 571; 1965, 1078;1967, 1685; 1971, 1046; 1977, 526; 1985, 360)

NRS 318.060 Noticeof organizational hearing. After suchinitiating ordinance has been adopted by the board of county commissioners, thecounty clerk shall mail written notice to all property owners within theproposed district of the intention of the board of county commissioners toestablish such district, which notice shall set forth the name, statement ofpurposes, general description and time and place of hearing.

(Added to NRS by 1959, 460; A 1973, 562)

NRS 318.065 Protestsagainst organization of district.

1. Any person who owns property which is locatedwithin the district may, on or before the date fixed, protest against theestablishment of such district, in writing, which protest shall be filed withthe county clerk of such county.

2. If, at or before the time fixed in the initiatingordinance and notice, written protest is filed, signed by a majority of theowners of property within such proposed district, the district shall not beestablished.

3. If any written protests are filed and the board ofcounty commissioners determines that the protests so filed represent less thana majority of the owners of property within the district, the board of countycommissioners, in its discretion but subject to the limitation provided by NRS 318.070, may proceed with the creationof the district. If the board of county commissioners does so proceed, theordinance of the board of county commissioners creating the district, for whichprovision is made in this chapter, shall contain a recital of the number ofprotests filed and such recital is binding and conclusive for all purposes.

(Added to NRS by 1959, 460; A 1965, 1079; 1977, 528)

NRS 318.070 Organizationalhearing; ordinances creating or not creating district.

1. At the place, date and hour specified for thehearing in the notice or at any subsequent time to which the hearing may beadjourned, the board of county commissioners shall give full consideration toall protests which may have been filed and shall hear all persons desiring tobe heard and shall thereafter adopt an ordinance either creating the districtor determining that it shall not be created.

2. If the board of county commissioners determines atthe hearing that the proponents of such proposed district have failed to showthat creation of the district is required by public convenience and necessityor have failed to show that the creation of such district is economically soundand feasible, or both, it shall adopt an ordinance determining that it shallnot be created.

3. Any ordinance creating a district may contain suchchanges as may be considered by the board of county commissioners to be equitableand necessary.

(Added to NRS by 1959, 460; A 1965, 1079)

NRS 318.075 Conclusivenessof ordinance creating district; time for appeal; filing of ordinance withSecretary of State.

1. Except as otherwise provided in subsection 2, theadoption of the ordinance creating the district shall finally and conclusivelyestablish the regular organization of the district against all persons, whichdistrict shall thenceforth be a governmental subdivision of the State ofNevada, a body corporate and politic and a quasi-municipal corporation.

2. Within 30 days immediately following the effectivedate of such ordinance any person who has filed a written protest, as providedin NRS 318.065, shall have the right tocommence an action in any court of competent jurisdiction to set aside suchdetermination. Thereafter all actions or suits attacking the regularity,validity and correctness of that ordinance and all proceedings, determinationsand instruments taken, adopted or made prior to such ordinances final passage,shall be perpetually barred.

3. Within 30 days after the effective date of theordinance creating the district, the county clerk shall file a copy of theordinance in his office and shall cause to be filed an additional copy of theordinance in the Office of the Secretary of State, which filings shall bewithout fee and be otherwise in the same manner as articles of incorporationare required to be filed under chapter 78 ofNRS.

(Added to NRS by 1959, 460)

NRS 318.077 Additionof basic powers not provided in formation: Procedure. Theboard may elect to add basic powers not provided in its formation, in whichevent the board shall cause proceedings to be had by the board of countycommissioners similar, as nearly as may be, to those provided for the formationof the district, and with like effect. The board shall obtain in connectionwith each such additional basic power a modified service plan for the districtin a manner like that provided for an initial service plan required for theorganization of a district in the Special District Control Law.

(Added to NRS by 1963, 626; A 1967, 1687; 1971, 1047;1977, 529)

BOARD OF TRUSTEES; DISTRICT POWERS

NRS 318.080 Dutiesof board of county commissioners; appointment of initial board of trustees;bond; removal of trustee.

1. After adopting an ordinance creating a district andbefore appointing the first board of trustees for the district, the board ofcounty commissioners is, ex officio, the board of trustees for the district.

2. While acting as the board of trustees, the board ofcounty commissioners shall establish:

(a) Accounting practices and procedures for thedistrict;

(b) Auditing practices and procedures to be used by thedistrict;

(c) A budget for the district; and

(d) Management standards for the district.

3. Except as otherwise provided in NRS 318.0953 and 318.09533, after the board of countycommissioners has performed the duties required by subsection 2, it shallappoint five persons to serve as the first board of trustees of the districtand shall specify therein the terms of office to the first Monday in Januarynext following the respective election dates provided in NRS 318.095. Except as otherwise providedin subsection 5, these persons must be qualified electors of the district.

4. The members of the board of trustees shall qualifyby filing with the county clerk their oaths of office and corporate suretybonds, at the expense of the district, the bonds to be in an amount not morethan $10,000 each, the form and exact amount thereof to be approved anddetermined, respectively, by the board of county commissioners, conditioned forthe faithful performance of their duties as trustees. The board of countycommissioners may from time to time, upon good cause shown, increase ordecrease the amount of the bond.

5. The board of county commissioners may appoint asone of the five initial trustees as provided by subsection 1 the districtattorney for the county or a deputy district attorney on his staff. Suchappointee need not be a qualified elector of the district, but no such attorneyis qualified for appointment to fill any vacancy on the board pursuant to NRS 318.090 or qualified as a candidate forelection to the board at any biennial election pursuant to NRS 318.095 unless he is a qualifiedelector of the district.

6. The board of county commissioners of the countyvested with jurisdiction pursuant to NRS318.050 may remove any trustee serving on an appointed or elected board oftrustees for cause shown, on petition, hearing and notice thereof by publicationand by mail addressed to the trustee.

(Added to NRS by 1959, 461; A 1965, 1079; 1967, 1687;1971, 1047; 1977, 529; 1983, 1282; 1989, 1878; 1995, 175)

NRS 318.085 Organizationof board of trustees; election of officers; records; bonds; compensation. Except as otherwise provided in NRS 318.0953 and 318.09533:

1. After taking oaths and filing bonds, the boardshall choose one of its members as chairman of the board and president of thedistrict, and shall elect a secretary and a treasurer of the board and of thedistrict, who may or may not be members of the board. The secretary and thetreasurer may be one person.

2. The board shall adopt a seal.

3. The secretary shall keep audio recordings ortranscripts of all meetings and, in a well-bound book, a record of all of theboards proceedings, minutes of all meetings, any certificates, contracts,bonds given by employees and all corporate acts. Except as otherwise providedin NRS 241.035, the book, audiorecordings, transcripts and records must be open to inspection of all owners ofreal property in the district as well as to all other interested persons.

4. The treasurer shall keep strict and accurateaccounts of all money received by and disbursed for and on behalf of thedistrict in permanent records. He shall file with the county clerk, at theexpense of the district, a corporate surety bond in an amount not more than$50,000, the form and exact amount thereof to be approved and determined,respectively, by the board of county commissioners, conditioned for thefaithful performance of the duties of his office. Any other officer or trusteewho actually receives or disburses money of the district shall furnish a bondas provided in this subsection. The board of county commissioners may, upongood cause shown, increase or decrease the amount of that bond.

5. Except as otherwise provided in this subsection,each member of a board of trustees of a district organized or reorganizedpursuant to this chapter may receive as compensation for his service not morethan $6,000 per year. Each member of a board of trustees of a district that isorganized or reorganized pursuant to this chapter and which is granted thepowers set forth in NRS 318.140, 318.142 and 318.144 may receive as compensation for hisservice not more than $9,000 per year. The compensation of the members of aboard is payable monthly, if the budget is adequate and a majority of themembers of the board vote in favor of such compensation, but no member of theboard may receive any other compensation for his service to the district as anemployee or otherwise. Each member of the board must receive the same amount ofcompensation. If a majority of the members of the board vote in favor of anincrease in the compensation of the trustees, the increase may not become effectiveuntil January 1 of the calendar year immediately following the next biennialelection of the district as set forth in NRS318.095.

(Added to NRS by 1959, 461; A 1965, 1079; 1967, 59,1688; 1968, 58; 1969, 817; 1975, 136; 1977, 250; 1985, 1798; 2005, 726, 1410)

NRS 318.090 Officeor principal place of business; records; meetings; quorum; vacancies; terms. Except as otherwise provided in NRS 318.0953 and 318.09533:

1. The board shall, by resolution, designate the placewhere the office or principal place of the district is to be located, whichmust be within the corporate limits of the district, and which may be changedby resolution of the board. Copies of all those resolutions must be filed withthe county clerk or clerks of the county or counties wherein the district islocated within 5 days after their adoption. The official records and files ofthe district must be kept at that office and must be open to public inspectionas provided in NRS 239.010.

2. The board of trustees shall meet regularly at leastonce each year, and at such other times at the office or principal place of thedistrict as provided in the bylaws.

3. Special meetings may be held on notice to eachmember of the board as often as, and at such places within the district as, theneeds of the district require.

4. Three members of the board constitute a quorum atany meeting.

5. A vacancy on the board must be filled by aqualified elector of the district chosen by the remaining members of the board,the appointee to act until a successor in office qualifies as provided in NRS 318.080 on or after the first Monday inJanuary next following the next biennial election, held in accordance with NRS 318.095, at which election the vacancymust be filled by election if the term of office extends beyond that firstMonday in January. Nominations of qualified electors of the district ascandidates to fill unexpired terms of 2 years may be made the same as nominationsfor regular terms of 4 years, as provided in NRS318.095. If the board fails, neglects or refuses to fill any vacancy within30 days after the vacancy occurs, the board of county commissioners shall fillthat vacancy.

6. Each term of office of 4 years terminates on thefirst Monday in January next following the general election at which asuccessor in office is elected, as provided in NRS 318.095. The successors term of officecommences then or as soon thereafter as the successor qualifies as provided in NRS 318.080, subject to the provisions inthis chapter for initial appointments to a board, for appointments to fillvacancies of unexpired terms, and for the reorganizations of districts underthis chapter which were organized under other chapters of NRS.

(Added to NRS by 1959, 461; A 1967, 1688; 1971, 1048;1985, 1799; 1989, 1878; 1995, 176)

NRS 318.095 Biennialelection of trustees; reimbursement of costs of election; names of candidatesmay be placed on primary or general election ballot; terms of office. Except as otherwise provided in NRS 318.0953:

1. There must be held simultaneously with the firstgeneral election in the county after the creation of the district andsimultaneously with every general election thereafter an election to be knownas the biennial election of the district. The election must be conducted underthe supervision of the county clerk or registrar of voters. A district shallreimburse the county clerk or registrar of voters for the costs he incurred inconducting the election for the district.

2. The office of trustee is a nonpartisan office. Thegeneral election laws of this State govern the candidacy, nominations andelection of a member of the board. The names of the candidates for trustee of adistrict may be placed on the ballot for the primary or general election.

3. At the first biennial election in any districtorganized or reorganized and operating under this chapter, and each fourth yearthereafter, there must be elected by the qualified electors of the district twoqualified electors as members of the board to serve for terms of 4 years. Atthe second biennial election and each fourth year thereafter, there must be soelected three qualified electors as members of the board to serve for terms of4 years.

4. The secretary of the district shall give notice ofelection by publication, and shall arrange such other details in connectiontherewith as the county clerk or registrar of voters may direct.

5. Any new member of the board must qualify in thesame manner as members of the first board qualify.

(Added to NRS by 1959, 461; A 1967, 1689; 1969, 59;1971, 1049; 1977, 530; 1981, 193; 1985, 1800; 1987, 699; 1989, 1879; 1995, 177)

NRS 318.0951 Trusteeselected by plurality vote. Except as otherwiseprovided in NRS 318.0952 or 318.0953:

1. Each trustee elected at any biennial election mustbe chosen by a plurality of the qualified electors of the district voting onthe candidates for the vacancies to be filled.

2. If there are two regular terms which end on thefirst Monday in January next following the biennial election, the two qualifiedelectors receiving the highest and next highest number of votes must beelected. If there are three regular terms so ending, the three qualifiedelectors receiving the highest, next highest and third highest number of votesmust be elected.

3. If there is a vacancy in an unexpired regular termto be filled at the biennial election, as provided in subsection 5 of NRS 318.090, the candidate who receives thehighest number of votes, after there are chosen the successful candidates tofill the vacancies in expired regular terms as provided in subsection 2, mustbe elected.

(Added to NRS by 1967, 1690; A 1969, 24; 1971, 1049;1985, 1800; 1989, 1880; 1995, 177)

NRS 318.0952 Electionareas within district: Procedure for creation; election of trustees; alterationor abolishment of election areas. Except asotherwise provided in NRS 318.0953:

1. Trustees may be elected in the alternate mannerprovided in this section from election areas within the district.

2. Within 30 days before May 1 of any year in which ageneral election is to be held in the State, 10 percent or more of thequalified electors of the district voting at the next preceding biennialelection of the district may file a written petition with the board of countycommissioners of the county vested with jurisdiction under NRS 318.050 praying for the creation ofelection areas within the district in the manner provided in this section. Thepetition must specify with particularity the five areas proposed to be created.The description of the proposed election areas need not be given by metes andbounds or by legal subdivisions, but must be sufficient to enable a person toascertain what territory is proposed to be included within a particular area.The signatures to the petition need not all be appended to one paper, but eachsigner must add to his name his place of residence, giving the street andnumber whenever practicable. One of the signers of each paper shall take anoath, before a person competent to administer oaths, that each signature to thepaper appended is the genuine signature of the person whose name it purports tobe.

3. Immediately after the receipt of the petition, theboard of county commissioners shall fix a date for a public hearing to be heldduring the month of May, and shall give notice thereof by publication at leastonce in a newspaper published in the county, or if no such newspaper ispublished therein then in a newspaper published in the State of Nevada andhaving a general circulation in the county. The costs of publication of thatnotice are a proper charge against the district fund.

4. If, as a result of the public hearing, the board ofcounty commissioners finds that the creation of election areas within thedistrict is desirable, the board of county commissioners shall, by resolutionregularly adopted before June 1, divide the district into the areas specifiedin the petition, designate them by number and define their boundaries. Theterritory comprising each election area must be contiguous. One trustee must beelected from each election area by a majority of the qualified electors votingon the candidates for any vacancy for that area as provided in subsection 7.

5. Before June 1 and immediately following theadoption of the resolution creating election areas within a district, the clerkof the board of county commissioners shall transmit a certified copy of theresolution to the secretary of the district.

6. Upon the creation of election areas within adistrict, the terms of office of all trustees then in office expire on thefirst Monday of January thereafter next following a biennial election. At thebiennial election held following the creation of election areas within adistrict, district trustees to represent the odd-numbered election areas mustbe elected for terms of 4 years and district trustees to represent theeven-numbered election areas must be elected for terms of 2 years. Thereafter,at each biennial election, the offices of trustees must be filled for terms of4 years in the order in which the terms of office expire.

7. Candidates for election as a trustee representingany election area must be elected only by those qualified electors of thedistrict residing in that area. No qualified elector may vote in more than oneelection area at any one time.

8. A candidate for the office of trustee of a districtin which election areas have been created must be a qualified elector of thedistrict and must be a resident of the election area which he seeks torepresent.

9. Election areas may be altered or abolished in thesame manner as provided in this section for the creation of election areas andthe election of trustees therefor.

(Added to NRS by 1967, 1690; A 1971, 1050; 1977, 530;1985, 1800; 1989, 1880; 1995, 177)

NRS 318.09523 Singlecandidate declared elected. In any electionfor a general improvement district, if at 5:00 p.m. on the last day for filinga declaration of candidacy or an acceptance of candidacy, there is only onecandidate nominated for the office, that candidate must be declared elected andno election may be held for that office.

(Added to NRS by 1989, 2174)

NRS 318.09525 Registrationto vote in district elections.

1. Any person residing within a district who isotherwise qualified to vote at general elections in this state may register tovote in district elections by appearing before the county clerk or registrar ofvoters of the county in which the district is located and completing anapplication to register to vote in accordance with the general election laws ofthis state. Registration for a district election which is not heldsimultaneously with a general election must close at 5 p.m. of the fifth Fridaypreceding the district election and registration offices must be open from 9a.m. to 5 p.m., excluding Saturdays, during the last days before the close ofregistration. If a person residing within a district is otherwise registered tovote, new registration for district elections is not required.

2. The county clerk or registrar of voters shall, atthe expense of the district, prepare and maintain a list of all registeredvoters residing within the district. The county clerk or registrar of voters isentitled to receive on behalf of the county the sum of 15 cents for eachregistration placed on the list. All money so received must be deposited to thecredit of the general fund of the county.

3. Whenever a district election is required the countyclerk or registrar of voters shall submit the current list, showing all personswho are registered to vote in that election, to the election officers who arecharged with the duty of conducting the required election.

(Added to NRS by 1977, 524; A 1979, 569, 1258; 1995,2282)

NRS 318.0953 Countycommissioners as ex officio board of trustees: Mandatory and optionalassumption of duties.

1. In every county whose population is 400,000 ormore, the board of county commissioners is, and in counties whose population isless than 400,000 the board of county commissioners may be, ex officio, theboard of trustees of each district organized or reorganized pursuant to thischapter and authorized to exercise the basic power of furnishing facilities forsewerage as provided in NRS 318.140,without regard to whether the district is also authorized to furnish facilitiesfor storm drainage, but excluding any district which is authorized, in additionto those basic powers, to exercise any one or more other basic powersdesignated in this chapter, except as provided in subsections 2 and 4.

2. The board of county commissioners of any county maybe, at its option, ex officio, the board of trustees of any district organizedor reorganized pursuant to this chapter and authorized to exercise the basicpower of furnishing facilities for water as provided in NRS 318.144, or, furnishing both facilitiesfor water and facilities for sewerage as provided in NRS 318.144 and 318.140, respectively, without regard towhether the district is also authorized to furnish facilities for stormdrainage, but excluding any district which:

(a) Is authorized, in addition to its basic powers, toexercise any one or more other basic powers designated in this chapter.

(b) Is organized or reorganized pursuant to thischapter, the boundaries of which include all or a portion of any incorporatedcity or all or a portion of a district for water created by special law.

3. In every county whose population is less than100,000, the board of county commissioners may be, ex officio, the board oftrustees of each district organized or reorganized pursuant to this chapter andauthorized to exercise the basic power of furnishing emergency medical servicesas provided in NRS 318.1185, whichdistrict may overlap the territory of any district authorized to exercise anyone or more other basic powers designated in this chapter.

4. A board of county commissioners may exercise theoptions provided in subsections 1, 2 and 3 by providing in the ordinancecreating the district or in an ordinance thereafter adopted at any time thatthe board is, ex officio, the board of trustees of the district. The board ofcounty commissioners shall, in the former case, be the board of trustees of thedistrict when the ordinance creating the district becomes effective, or in thelatter case, become the board of the district 30 days after the effective dateof the ordinance adopted after the creation of the district. In the latter casewithin the 30-day period the county clerk shall promptly cause a copy of theordinance to be:

(a) Filed in his office;

(b) Transmitted to the secretary of the district; and

(c) Filed in the Office of the Secretary of Statewithout the payment of any fee and otherwise in the same manner as articles ofincorporation are required to be filed under chapter78 of NRS.

(Added to NRS by 1967, 1691; A 1969, 1540; 1971,1051; 1975, 541; 1977, 532, 929; 1979, 535; 1983, 1283; 1985, 1802; 1989, 1919)

NRS 318.09533 Countycommissioners as ex officio board of trustees: Oath; additional compensation;designation of officers; meetings; powers.

1. When the board of trustees of any district isconstituted pursuant to NRS 318.0953,the following special provisions apply and supersede the correspondingprovisions of NRS 318.080 to 318.09525, inclusive, 318.0954 and 318.0955:

(a) The members need not file the oath of office orbond required by NRS 318.080.

(b) The members of the board of county commissionersmay receive no additional compensation as trustees of the district.

(c) The chairman of the board of county commissionersmay be chairman of the board of trustees and president of the district, or theboard of county commissioners may, at its first meeting in January of eachyear, designate another of its members to serve as chairman of the board oftrustees and president of the district for a term of 1 year.

(d) The vice chairman of the board of countycommissioners may be vice chairman of the board of trustees and vice presidentof the district, or the board of county commissioners may, at its first meetingin January of each year, designate another of its members to serve as vicechairman of the board of trustees and vice president of the district for a termof 1 year.

(e) The secretary and treasurer of the district shallnot be members of the board of county commissioners. The board may designatethe county clerk and county treasurer, respectively, to act ex officio assecretary and treasurer, or it may designate some other person to fill eitheror both of those offices. No additional bond may be required of the countytreasurer as ex officio district treasurer nor of any other county officerappropriately bonded as ex officio a district officer.

(f) The secretary and treasurer shall perform theduties prescribed in subsections 3 and 4 of NRS318.085.

(g) No member of the board of county commissioners maybe removed from the office of trustee under NRS318.080, but any member is automatically removed from that office upon hisremoval from the office of county commissioner in the manner provided by law.

(h) The regular place of meeting of the board need notbe within the corporate limits of the district but must be within the corporatelimits of the county and be the regular meeting place of the board of countycommissioners unless the board otherwise provides by resolution.

(i) The times of regular meetings of the board must bethe same as the times of the regular meetings of the board of countycommissioners unless the board otherwise provides by resolution.

(j) Special meetings may be held on notice to eachmember of the board as often as, and at such place or places within the countyas, the board may determine, unless it otherwise provides by resolution.

(k) The office or principal place of the district neednot be located within the corporate limits of the district and must be theoffice of the county clerk unless the board otherwise provides by resolution.

2. Each board of county commissioners may, byresolution, designate the districts name which may be used for all purposesincluding contracts, lawsuits or in the performance of its duties or exercisesof its functions.

3. The board may enter into contracts extending beyondthe terms of each member then serving on the board if the contract is enteredinto in the manner provided for a board of county commissioners in NRS 244.320.

(Added to NRS by 1983, 1286)

NRS 318.09535 Countycommissioners as ex officio board of trustees: Establishment of local districtmanaging board; vacancies on board.

1. Whenever a board of county commissioners is theboard of trustees of any district organized or reorganized pursuant to thischapter or is exercising any powers pursuant to NRS 244.157, the board may by ordinanceestablish a local district managing board for the district.

2. Such a local district managing board must consistof not less than 5 members and not more than 12 members who are qualifiedelectors of the district. The members must be:

(a) Appointed by the board of county commissioners; or

(b) Elected by the qualified electors of the district.

3. If the local district managing board is elective,the initial appointments and subsequent elections must be conducted in themanner provided in this chapter for trustees of a district.

4. An ordinance establishing a local district managingboard must:

(a) Provide for the compensation which members of theboard are to receive for their services;

(b) Provide for the terms of office for the members ofthe board;

(c) Contain a recital of the powers delegated andduties assigned by the board of county commissioners to the local districtmanaging board; and

(d) Provide that the local district managing board doesnot have the power to tax, issue bonds or call for an election for the issuanceof bonds. All taxes must be levied and bonds issued by the board of countycommissioners as generally provided in this chapter.

5. Any vacancy on the board must be filled by aqualified elector of the district who is appointed by the board of countycommissioners. If the local district managing board is appointive, the personappointed to fill the vacancy must be appointed to serve the remainder of theunexpired term. If the board is elective, the appointee must be appointed toserve until the first Monday in January when his successor in office, electedat the biennial election next following the vacancy, qualifies.

6. The local district managing board may be dissolvedby the board of county commissioners after notice and hearing whenever theboard of county commissioners determines:

(a) The local district managing board is no longernecessary; or

(b) The services of the district can be moreeffectively performed by another district.

(Added to NRS by 1977, 523; A 1987, 127; 1991, 1707)

NRS 318.0954 Transitionof boards of trustees of certain reorganized districts.

1. The governing body of any district organized orreorganized under and operating as provided in any chapter in title 25 of NRS,excluding chapters 309, 315 and 318 ofNRS, must be designated a board of trustees and shall reorganize as provided inthis section so that after the transitional period the board consists of fivequalified electors from time to time chosen as provided in NRS 318.095 and other provisions of thischapter supplemental thereto.

2. No existing member of any such governing body maybe required to resign from the board before the termination of his current termof office in the absence of any disqualification as a member of the governingbody under such chapter in title 25 of NRS, excluding chapters 309, 315and 318 of NRS. If a regular term of office ofany member of any such governing body would terminate on other than the firstMonday of January next following a biennial election in the absence of theadoption of this law, the term must be extended to and terminate on the firstMonday in January next following a biennial election and following the date onwhich the term would have ended.

3. If the members of any such governing body at anytime number less than five, the number of trustees must be increased to five byappointment, or by both appointment and election, as provided in NRS 318.090, 318.095 and 318.0951.

4. In no event may any successor trustee be elected orappointed to fill any purported vacancy in any unexpired term or in any regularterm which successor will increase the trustees on a board to a numberexceeding five nor which will result in less than two regular terms of officeor more than three regular terms of office ending on the first Monday inJanuary next following any biennial election.

5. Nothing in this section:

(a) Prevents the reorganization of a board by divisionof the district into district trustee election districts pursuant to NRS 318.0952.

(b) Supersedes the provisions of NRS 318.0953 or 318.09533.

(Added to NRS by 1967, 1692; A 1971, 1053; 1983,1285)

NRS 318.0955 Recallof trustees. Members of the board of trusteesare subject to recall from office pursuant to the provisions of theConstitution and statutes of this state.

(Added to NRS by 1967, 1716)

NRS 318.0956 Trusteesnot to be interested in sales or contracts; exception; penalties.

1. Except as provided in subsection 2, no member ofthe board may be interested, directly or indirectly, in any property purchasedfor the use of the district, or in any purchase or sale of property belongingto the district, or in any contract made by the district for the acquisition ofany project or improvement by the district.

2. The board may purchase supplies or contract forservices for the district from one of its members, when not to do so would be agreat inconvenience, but the member from whom the supplies are to be bought orwith whom the contract for services is to be made shall not vote upon theallowance of the purchase or contract. If the purchase is made or contract letby competitive bidding, the bid of a member of the board may be accepted onlyif he is the lowest responsible bidder.

3. A member of the board who violates the provisionsof subsection 1 is guilty of a gross misdemeanor and shall be further punishedas provided in NRS 197.230.

(Added to NRS by 1967, 1716; A 1979, 791)

NRS 318.0957 Trusteesinterest in contracts made in official capacity prohibited; exception;contracts void; penalties.

1. Except as provided in subsection 2, it is unlawfulfor a member of the board:

(a) To become a contractor under any contract or orderfor supplies or any other kind of contract authorized by the board of which heis a member, or to be in any manner interested, directly or indirectly, asprincipal, in any kind of contract so authorized.

(b) To be interested in any contract made by the boardof which he is a member, or to be a purchaser or to be interested in anypurchase or sale made by the board of which he is a member.

2. The board may purchase supplies or contract forservices for the district from one of its members, when not to do so would be agreat inconvenience, but the member from whom the supplies are to be bought orwith whom the contract for services is to be made shall not vote upon theallowance of the purchase or contract. If the purchase is made or contract letby competitive bidding, the bid of a member of the board may be accepted onlyif he is the lowest responsible bidder.

3. Any contract made in violation of the provisions ofsubsection 1 may be declared void at the instance of the district or of anyother person interested in the contract except the member of the boardprohibited in subsection 1 from making or being interested in the contract.

4. A member of the board who violates the provisionsof subsection 1, directly or indirectly, is guilty of a gross misdemeanor andshall be further punished as provided in NRS197.230.

(Added to NRS by 1967, 1716; A 1979, 791)

NRS 318.098 Assistanceto district from county officers: Request; agreement; limitation on cost;payment.

1. The board of trustees of any district may request,in writing, assistance from any elected or appointed officer of the county inwhich the district is located.

2. The officer shall furnish the requested assistance,after an agreement has been reached concerning the amount of money which theboard of trustees shall pay for the assistance. The cost shall not be more thanthe actual additional expense necessitated by the request.

3. The board shall, by a resolution spread upon itsminutes, order payment made in the amount, in each case, which was agreed uponby the board of trustees and the officer furnishing the assistance.

(Added to NRS by 1965, 1088; A 1977, 424)

NRS 318.100 Basicpowers of board; acquisition, construction or servicing of improvements.

1. For and on behalf of the district the board shallhave each of the basic powers enumerated in this chapter and designated in theorganizational proceedings of the district and in any reorganizationalproceedings of the district taken pursuant to NRS318.077 and other provisions supplemental thereto in this chapter, orotherwise authorized by law. Except as otherwise provided in this chapter theboard may construct or otherwise acquire any improvement appertaining to anysuch basic power which the district may exercise and may finance the costs ofany such improvement by any of the procedures provided in this chapter. When itis proposed to construct an improvement the work shall be performed as providedin this chapter.

2. The district may also furnish services pertainingto any such basic power which the district may exercise.

(Added to NRS by 1959, 462; A 1963, 631; 1967, 1692)

NRS 318.101 Powerof board to use alternate procedures for acquisition, construction or servicingof improvements.

1. As an alternate procedure for constructing orotherwise acquiring, improving or converting any public improvement (or anycombination thereof), and for defraying all the cost thereof or any portion ofthe cost thereof not to be defrayed with moneys otherwise available therefor bythe levy of special assessments against assessable property specially benefitedthereby and the collection of such assessments and the issuance of specialobligation bonds primarily payable from such special assessments payable ininstallments (to implement any one, all or any combination of basic powersstated in NRS 318.116 and granted to anydistrict in proceedings for its organization or in any proceedings for itsreorganization or as may be otherwise provided by law), as the board of thedistrict determines, the district, acting by and through the board, is vestedwith the powers granted to municipalities by chapters271 and 704A of NRS, and in anyproceedings thereunder the district, other public bodies, district officials,and other public officials are subject to the rights, privileges, immunities,liabilities, duties, disabilities, limitations and other details providedtherein.

2. For purposes of this section, in any proceedingsunder chapters 271 and 704A of NRS:

(a) Clerk means the de jure or de facto secretary ofthe district.

(b) Governing body means the districts board.

(c) Municipality means the district and municipalmeans pertaining to the district; except that where the context so indicates,municipality means the geographical area comprising the district.

(d) Ordinance means a resolution of the district.

(Added to NRS by 1975, 854)

NRS 318.102 Powersof district concerning location and construction of improvements subordinate topowers of Nevada Tahoe Regional Planning Agency. [Effective upon proclamationby Governor of withdrawal of California from Tahoe Regional Planning Compact orof his finding that the Tahoe Regional Planning Agency has become unable toperform its duties or exercise its powers.] Inthe region of this state for which there has been established by NRS 278.780 to 278.828, inclusive, a regional planningagency, the powers of any district organized, reorganized or required toreorganize under this chapter with respect to the location and construction ofall improvements are subordinate to the powers of such regional planningagency.

(Added to NRS by 1969, 51; A 1979, 1133, effectiveupon proclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 318.103 Powersof district concerning location and construction of improvements subordinate topowers of regional planning agency. In any regionof this state for which there has been established by interstate compact a regionalplanning agency, the powers of any district organized, reorganized or requiredto reorganize under this chapter with respect to the location and constructionof all improvements are subordinate to the powers of such regional planningagency.

(Added to NRS by 1968, 14)

NRS 318.105 Perpetualexistence of board. Subject to the limitationsof this chapter, the board shall have perpetual existence.

(Added to NRS by 1959, 462)

NRS 318.110 Corporateseal. The board shall have the power to haveand use a corporate seal.

(Added to NRS by 1959, 462)

NRS 318.115 Suits,actions and proceedings. The board shall havethe power to sue and be sued, and be a party to suits, actions and proceedings.

(Added to NRS by 1959, 462)

NRS 318.116 Basicpowers which may be granted to district. Anyone, all or any combination of the following basic powers may be granted to adistrict in proceedings for its organization, or its reorganization pursuant toNRS 318.077 and all provisions in thischapter supplemental thereto, or as may be otherwise provided by statute:

1. Furnishing electric light and power, as provided inNRS 318.117;

2. Extermination and abatement of mosquitoes, flies,other insects, rats, and liver fluke or Fasciola hepatica, as providedin NRS 318.118;

3. Furnishing facilities or services for publiccemeteries, as provided in NRS 318.119;

4. Furnishing facilities for swimming pools, asprovided in NRS 318.1191;

5. Furnishing facilities for television, as providedin NRS 318.1192;

6. Furnishing facilities for FM radio, as provided in NRS 318.1187;

7. Furnishing streets and alleys, as provided in NRS 318.120;

8. Furnishing curbs, gutters and sidewalks, asprovided in NRS 318.125;

9. Furnishing sidewalks, as provided in NRS 318.130;

10. Furnishing facilities for storm drainage or floodcontrol, as provided in NRS 318.135;

11. Furnishing sanitary facilities for sewerage, asprovided in NRS 318.140;

12. Furnishing facilities for lighting streets, asprovided in NRS 318.141;

13. Furnishing facilities for the collection anddisposal of garbage and refuse, as provided in NRS 318.142;

14. Furnishing recreational facilities, as provided inNRS 318.143;

15. Furnishing facilities for water, as provided in NRS 318.144;

16. Furnishing fencing, as provided in NRS 318.1195;

17. Furnishing facilities for protection from fire, asprovided in NRS 318.1181;

18. Furnishing energy for space heating, as providedin NRS 318.1175;

19. Furnishing emergency medical services, as providedin NRS 318.1185;

20. Control and eradication of noxious weeds, asprovided in chapter 555 of NRS; and

21. Establishing, controlling, managing and operatingan area or zone for the preservation of one or more species or subspecies ofwildlife that has been declared endangered or threatened pursuant to thefederal Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as providedin NRS 318.1177.

(Added to NRS by 1967, 1693; A 1969, 201; 1971, 261;1977, 533; 1979, 571; 1985, 1803; 1989, 1881; 1993, 2783; 1995, 179, 1905;1997, 483; 2001, 2083;2003, 1513)

NRS 318.117 Electriclight and power. If a district is created,wholly or in part, to furnish electric light and power, the board may:

1. Acquire, by purchase, condemnation or other legalmeans, all lands, rights and other property necessary for the construction, useand supply, operation, maintenance, repair and improvement of the works of thedistrict, including, without limitation, the plant, works, system, facilitiesor properties, together with all parts thereof, the appurtenances thereto,including contract rights, used and useful primarily for the production,transmission or distribution of electric energy to or for the public for anypurpose, works constructed and being constructed by private owners, and allother works and appurtenances, either within or without the State of Nevada.

2. Furnish, deliver and sell to the public, and to anymunicipality and to the State and any public institution, heat, light and powerservice and any other service, commodity or facility which may be produced orfurnished in connection therewith.

3. Purchase generating capacity on the terms set forthin subsection 3 of NRS 244A.699.

(Added to NRS by 1967, 1693; A 1985, 642; 2001, 2083)

NRS 318.1175 Energyfor space heating. A board of trustees maydevelop natural sources of energy for and supply the energy for space heating.

(Added to NRS by 1979, 572)

NRS 318.1177 Establishmentof area or zone for preservation of endangered or threatened wildlife. In the case of a district created wholly or in part forthe establishment of an area or zone for the preservation of one or morespecies or subspecies of wildlife that has been declared endangered orthreatened pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., the board shall have the power to:

1. Establish, control, manage and operate or providemoney for the establishment, control, management and operation of the area orzone.

2. Purchase, sell, exchange or lease real property,personal property and other interests in property, except water rights, asnecessary for the establishment, control, management and operation of the areaor zone.

(Added to NRS by 2003, 1513)

NRS 318.118 Insectand rat extermination and abatement.

1. In the case of a district created wholly or in partfor exterminating and abating mosquitoes, flies, other insects, rats, and liverfluke or Fasciola hepatica, the board may:

(a) Take all necessary or proper steps for theextermination of mosquitoes, flies, other insects, rats, or liver fluke or Fasciolahepatica in the district or in territory not in the district but sosituated with respect to the district that mosquitoes, flies, other insects,rats, or liver fluke or Fasciola hepatica from that territory migrate orare caused to be carried into the district;

(b) Subject to the paramount control of any county orcity in which the district has jurisdiction, abate as nuisances all stagnantpools of water and other breeding places for mosquitoes, flies, other insects,rats, or liver fluke or Fasciola hepatica in the district or interritory not in the district but so situated with respect to the district thatmosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepaticafrom that territory migrate or are caused to be carried into the district;

(c) If necessary or proper, in the furtherance of theobjects of this chapter, build, construct, repair and maintain necessary dikes,levees, cuts, canals or ditches upon any land, and acquire by purchase,condemnation or by other lawful means, in the name of the district, any lands,rights-of-way, easements, property or material necessary for any of thosepurposes;

(d) Make contracts to indemnify or compensate any ownerof land or other property for any injury or damage necessarily caused by theuse or taking of property for dikes, levees, cuts, canals or ditches;

(e) Enter upon without hindrance any lands, within or withoutthe district, for the purpose of inspection to ascertain whether breedingplaces of mosquitoes, flies, other insects, rats, or liver fluke or Fasciolahepatica exist upon those lands;

(f) Abate public nuisances in accordance with thischapter;

(g) Ascertain if there has been a compliance withnotices to abate the breeding of mosquitoes, flies, other insects, rats, orliver fluke or Fasciola hepatica upon those lands;

(h) Treat with oil, other larvicidal material, or otherchemicals or other material any breeding places of mosquitoes, flies, otherinsects, rats, or liver fluke or Fasciola hepatica upon those lands;

(i) Sell or lease any land, rights-of-way, easements,property or material acquired by the district; and

(j) Sell real property pursuant to this subsection tothe highest bidder at public auction after 5 days notice given by publication.

2. In connection with the basic power stated in thissection, the district may:

(a) Levy annually a general ad valorem property tax ofnot exceeding:

(1) Fifteen cents on each $100 of assessedvaluation of taxable property; or

(2) Twenty cents on each $100 of assessedvaluation of taxable property if the board of county commissioners of eachcounty in which the district is located approves such a tax in excess of 15cents on each $100 of assessed valuation of taxable property.

(b) Levy a tax in addition to a tax authorized inparagraph (a), if the additional tax is authorized by the qualified electors ofthe district, as provided in subsections 4 to 7, inclusive.

3. The proceeds of any tax levied pursuant to theprovisions of this section must be used for purposes pertaining to the basicpurpose stated in this section, including, without limitation, theestablishment and maintenance of:

(a) A cash-basis fund of not exceeding in any fiscalyear 60 percent of the estimated expenditures for the fiscal year to defrayexpenses between the beginning of the fiscal year and the respective times taxproceeds are received in the fiscal year; and

(b) An emergency fund of not exceeding in any fiscalyear 25 percent of the estimated expenditures for the fiscal year to defrayunusual and unanticipated expenses incurred during epidemics or threatenedepidemics from diseases from sources which the district may exterminate orabate.

4. Whenever it appears to the board of a districtauthorized to exercise the basic power stated in subsection 1 that the amountof money required during an ensuing fiscal year will exceed the amount that canbe raised by a levy permitted by paragraph (a) of subsection 2, the board may:

(a) At a special election or the next primary orgeneral election submit to the qualified electors of the district a question ofwhether a tax shall be voted for raising the additional money;

(b) Provide the form of the ballot for the election,which must contain the words Shall the district vote a tax to raise theadditional sum of ........? or words equivalent thereto;

(c) Provide the form of the notice of the election andprovide for the notice to be given by publication; and

(d) Arrange other details in connection with theelection.

5. A special election may be held only if the boarddetermines, by a unanimous vote, that an emergency exists. The determinationmade by the board is conclusive unless it is shown that the board acted withfraud or a gross abuse of discretion. An action to challenge the determinationmade by the board must be commenced within 15 days after the boardsdetermination is final. As used in this subsection, emergency means anyunexpected occurrence or combination of occurrences which requires immediateaction by the board to prevent or mitigate a substantial financial loss to thedistrict or to enable the board to provide an essential service to the residentsof the district.

6. Except as otherwise provided in this chapter:

(a) The secretary of the district shall give notice ofthe election by publication and shall arrange such other details in connectionwith the election as the board may direct;

(b) The election board officers shall conduct theelection in the manner prescribed by law for the holding of general electionsand shall make their returns to the secretary of the district; and

(c) The board shall canvass the returns of the electionat any regular or special meeting held within 5 days following the date of theelection, or at such later time as the returns are available for canvass, andshall declare the results of the election.

7. If a majority of the qualified electors of thedistrict who voted on any proposition authorizing the additional tax voted infavor of the proposition, and the board so declares the result of the election:

(a) The district board shall report the result to theboard of county commissioners of the county in which the district is situated,stating the additional amount of money required to be raised. If the districtis in more than one county the additional amount must be prorated for eachcounty by the district board in the same way that the districts original totalestimate of money is prorated, and the district board shall furnish the boardof county commissioners and auditor of each county a written statement of theapportionment for that county; and

(b) The board of county commissioners of each countyreceiving the written statement shall, at the time of levying county taxes,levy an additional tax upon all the taxable property of the district in thecounty sufficient to raise the amount apportioned to that county for thedistrict.

8. The district shall not:

(a) Borrow money except for medium-term obligationspursuant to chapter 350 of NRS;

(b) Levy special assessments; or

(c) Fix any rates, fees or other charges except asotherwise provided in this section.

9. The district may determine to cause an owner of anyreal property to abate any nuisance pertaining to the basic power stated inthis section, after a hearing on a proposal for such an abatement and noticethereof by mail addressed to the last known owner or owners of record at his ortheir last known address or addresses, as ascertained from any source the boarddeems reliable, or in the absence of the abatement within a reasonable periodfixed by the board, to cause the district to abate the nuisance, as follows:

(a) At the hearing the district board shall redeterminewhether the owner must abate the nuisance and prevent its recurrence, and shallspecify a time within which the work must be completed;

(b) If the nuisance is not abated within the timespecified in the notice or at the hearing, the district board shall abate thenuisance by destroying the larvae or pupae, or otherwise, by taking appropriatemeasures to prevent the recurrence of further breeding;

(c) The cost of abatement must be repaid to thedistrict by the owner;

(d) The money expended by the district in abating anuisance or preventing its recurrence is a lien upon the property on which thenuisance is abated or its recurrence prevented;

(e) Notice of the lien must be filed and recorded bythe district board in the office of the county recorder of the county in whichthe property is situated within 6 months after the first item of expenditure bythe board;

(f) An action to foreclose the lien must be commencedwithin 6 months after the filing and recording of the notice of lien;

(g) The action must be brought by the district board inthe name of the district;

(h) When the property is sold, enough of the proceedsto satisfy the lien and the costs of foreclosure must be paid to the districtand the surplus, if any, must be paid to the owner of the property if known,and if not known, must be paid into the court in which the lien was foreclosedfor the use of the owner if ascertained; and

(i) The lien provisions of this section do not apply tothe property of any county, city, district or other public corporation, exceptthat the governing body of the county, city, district or other publiccorporation shall repay to any district exercising the basic power stated insubsection 1 the amount expended by the district upon any of its propertypursuant to this chapter upon presentation by the district board of a verifiedclaim or bill.

(Added to NRS by 1967, 1694; A 1973, 13; 1993, 1061;1995, 1815)

NRS 318.1181 Protectionfrom fire. In the case of a district createdwholly or in part for the purpose of furnishing fire protection, the board may:

1. Acquire fire protection equipment and acquire,construct or improve fire protection facilities and make improvements necessaryand incidental thereto;

2. Eliminate fire hazards existing within the districtin the manner prescribed in NRS 474.580for districts created pursuant to chapter 474of NRS;

3. Clear public highways and private lands of drygrass, stubble, bushes, rubbish and other inflammable material which in itsjudgment constitutes a fire hazard;

4. Coordinate fire protection activities with theState Forester Firewarden and the Advisory Board on Natural Resources; and

5. Cooperate with the State Forester Firewarden andthe Advisory Board on Natural Resources in formulating a statewide plan for theprevention and control of fires.

(Added to NRS by 1977, 525; A 1991, 382; 1993, 1554)

NRS 318.1185 Emergencymedical services. In the case of a districtcreated wholly or in part for furnishing emergency medical services, the boardmay:

1. Acquire any equipment and property necessary forthose services;

2. Hire and supervise emergency medical technicianscertified pursuant to chapter 450B of NRSand other personnel necessary to carry out the functions of the district; and

3. Fix rates or charges for the use of the servicesfurnished by the district and change those rates or charges as it considersnecessary.

(Added to NRS by 1985, 1798)

NRS 318.1187 Facilitiesfor FM radio.

1. In the case of a district created wholly or in partfor acquiring facilities for FM radio, the board has the power to:

(a) Acquire broadcast, transmission and relayimprovements for FM radio.

(b) Levy special assessments against speciallybenefited real property on which are located receivers operated within thedistrict and able to receive broadcasts of FM radio supplied by the district.

(c) Fix tolls, rates and other service or use chargesfor services furnished by the district or facilities of the district,including, without limitation, any one, all or any combination of thefollowing:

(1) Flat rate charges;

(2) Charges classified by the number ofreceivers;

(3) Charges classified by the value of propertyserved by receivers of FM radio;

(4) Charges classified by the character of theproperty served by receivers of FM radio;

(5) Minimum charges;

(6) Stand-by charges; or

(7) Other charges based on the availability ofservice.

2. The district does not have the power in connectionwith the basic power stated in this section to:

(a) Borrow money which loan is evidenced by theissuance of any general obligation bonds or other general obligations of thedistrict.

(b) Rebroadcast an FM radio signal in a communityserved by a commercial radio station licensed by the Federal CommunicationsCommission.

(Added to NRS by 1995, 1904)

NRS 318.119 Publiccemeteries. In the case of a district createdwholly or in part for acquiring public cemetery improvements, the board shallhave the power to:

1. Maintain a cemetery for the use of all inhabitantsof the district, and for that purpose shall be capable of holding title toproperty in trust for the district.

2. Levy annually, except for the payment of anyoutstanding general obligation bonds of the district, a general (ad valorem)property tax of not exceeding 2 mills on each dollar of assessed valuation oftaxable property, for purposes pertaining to the basic purpose stated in thissection.

3. Levy annually such a tax fully sufficient to paythe principal of, interest on and any prior redemption premium due inconnection with any outstanding general obligation bonds pertaining to thebasic purpose stated in this section.

4. The district shall not have the power in connectionwith the basic power stated in this section to:

(a) Levy special assessments; or

(b) Borrow money which loan is evidenced by theissuance of any revenue bonds, special assessment bonds or other specialobligations of the district.

(Added to NRS by 1967, 1697; A 1969, 201)

NRS 318.1191 Swimmingpools.

1. In the case of a district created wholly or in partfor acquiring swimming pool improvements, the board shall have power to acquirereal property swimming pool improvements, appurtenant shower, locker and otherbathhouse facilities, and lighting, filtration and other equipment pertainingthereto.

2. The district shall not have the power in connectionwith the basic power stated in this section to:

(a) Levy special assessments; nor

(b) Borrow money which loan is evidenced by theissuance of any special assessment bonds or other special obligations payablefrom special assessments.

(Added to NRS by 1967, 1697)

NRS 318.1192 Facilitiesfor television: Powers of board. In the caseof a district created wholly or in part for acquiring television maintenancefacilities, the board shall have power to:

1. Acquire television broadcast, transmission andrelay improvements.

2. Levy special assessments against speciallybenefited real property on which are located television receivers operated withinthe district and able to receive television broadcasts supplied by thedistrict.

3. Fix tolls, rates and other service or use chargesfor services furnished by the district or facilities of the district,including, without limitation, any one, all or any combination of thefollowing:

(a) Flat rate charges;

(b) Charges classified by the number of receivers;

(c) Charges classified by the value of property servedby television receivers;

(d) Charges classified by the character of the propertyserved by television receivers;

(e) Minimum charges;

(f) Stand-by charges; or

(g) Other charges based on the availability of service.

4. The district shall not have the power in connectionwith the basic power stated in this section to borrow money which loan isevidenced by the issuance of any general obligation bonds or other generalobligations of the district.

(Added to NRS by 1967, 1697; A 1971, 204; 2001, 2084)

NRS 318.1193 Facilitiesfor television: Limitation on organization if area includes existing service. No district proposing to furnish television facilities, asprovided in NRS 318.1192, may beorganized which includes any area already served by a community antennatelevision company unless the governing body of the local government whichgranted a franchise to the community antenna television company determines thatboth the company and the district may furnish service to that area.

(Added to NRS by 1967, 1229; A 1983, 2010; 1985,2052)

NRS 318.1194 Facilitiesfor television: Approval of electors required in certain districts forfranchise for community antenna television system.

1. In any area where a general improvement districthas been formed which exercises the powers conferred by NRS 318.1192, in a county having apopulation of less than 100,000, no franchise may be granted pursuant to NRS 711.190 unless approved by thequalified electors of the district.

2. The board of county commissioners of the countywhere such a district is located shall order that the question of approval ofthe franchise or certificate be voted upon by the qualified electors of thedistrict at a special election or the next primary or general election.

3. A special election may be held only if the board ofcounty commissioners determines, by a unanimous vote, that an emergency exists.The determination made by the board of county commissioners is conclusiveunless it is shown that the board acted with fraud or a gross abuse ofdiscretion. An action to challenge the determination made by the board must becommenced within 15 days after the boards determination is final. As used inthis subsection, emergency means any unexpected occurrence or combination ofoccurrences which requires immediate action by the board of countycommissioners to prevent or mitigate a substantial financial loss to thedistrict or county or to enable the board of trustees to provide an essentialservice to the residents of the district.

(Added to NRS by 1969, 768; A 1969, 1545; 1979, 537;1983, 2011; 1985, 2052; 1993, 1064)

NRS 318.1195 Fencing. In the case of a district created wholly or in part foracquiring fencing improvements, the board shall have the power to construct,reconstruct or replace fences for the protection of any area within thedistrict and to acquire improvements necessary thereto.

(Added to NRS by 1971, 261)

NRS 318.120 Streetsand alleys.

1. In the case of a district created wholly or in partfor acquiring paving, the board shall have the power to grade and regrade andto surface and to resurface streets, alleys and public highways, and partsthereof, within the district, with suitable material, and to acquire street andalley improvements necessary and incidental thereto.

2. Such street, alley and public highway improvementsmay include, without limitation, grades, regrades, gravel, oiling, surfacing,macadamizing, paving, crosswalks, driveway inlets, curb cuts, curbs, sidewalks,gutters, valley gutters, catch basins, culverts, drains, sewers, manholes,inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses,approaches, artificial lights and lighting equipment, grade separators, trafficseparators, traffic-control equipment, off-street parking facilities andstructures, parkways, canals and other water type streets, or any combinationthereof.

(Added to NRS by 1959, 462; A 1971, 1053)

NRS 318.125 Curbs,gutters and sidewalks. In the case of adistrict created wholly or in part for acquiring curb and gutter, the boardshall have the power to improve streets within the district by grading andregrading and by the construction and reconstruction of curb, gutter andcombined curb and gutter, in combination with sidewalk or otherwise, and toacquire improvements necessary and incidental to the foregoing improvements,including, without limiting the generality thereof, drains, catch basins, valleygutters, driveway inlets and the removal of existing improvements.

(Added to NRS by 1959, 462)

NRS 318.130 Sidewalks. In the case of a district created wholly or in part foracquiring sidewalk, the board shall have the power to construct, reconstruct, replaceor extend sidewalks, adjacent to or in combination with curb and gutter or otherwise,within the district, and to acquire improvements necessary and incidentalthereto.

(Added to NRS by 1959, 462)

NRS 318.135 Stormdrainage or flood control. In the case of adistrict created wholly or in part for acquiring, improving or operating stormdrainage or flood control improvements, the board may construct, reconstruct,replace or extend storm sewer and other drainage or flood control facilitiesand improvements necessary and incidental thereto within the district,including, but not limited to, the laying of pipes and the erection of catchbasins, drains and necessary inlets and outlets.

(Added to NRS by 1959, 462; A 1991, 1708)

NRS 318.140 Sanitarysewer improvements. In the case of a districtcreated wholly or in part for acquiring sanitary sewer improvements:

1. The board may:

(a) Construct, reconstruct, improve or extend thesanitary sewer system or any part thereof, including, without limitation,mains, laterals, wyes, tees, meters and collection, treatment and disposalplants.

(b) Sell any product or by-product thereof and acquirethe appropriate outlets within or without the district and extend the sewerlines of the district thereto.

(c) Enter into and perform, without any election,contracts or agreements for a term not to exceed 50 years with any person or apublic agency, to provide the services, equipment or supplies necessary orappropriate to conduct tests of the discharge of pollutants into the stateswater and to report the results of those tests as required by chapter 445A of NRS or the regulations adoptedthereunder. For the purposes of this paragraph, public agency has the meaningascribed to it in NRS 277.100.

2. The provisions of chapters332 and 339 of NRS do not apply to acontract under which a private developer extends a sewer main to his developmentor installs any appurtenances to that extension. Except as otherwise providedin this subsection, the provisions of chapter 338of NRS do not apply to such a contract. If the developer does not pay all ofthe initial construction costs of the extension, the provisions of NRS 338.013 to 338.090, inclusive, apply to the contract.

(Added to NRS by 1959, 463; A 1967, 1711; 1971, 1053;1977, 541; 1983, 1285; 1995, 12)

NRS 318.141 Lightingof streets. The board shall have the power toacquire, construct, reconstruct, improve, extend or better a works, system orfacilities for lighting public streets, ways and places. It may also, withoutcalling for bids, contract for providing such facilities and the electricalcurrent necessary therefor, or such current, with any public utility serving inthe district, at uniform rates and charges established for the utilityoperator.

(Added to NRS by 1963, 626)

NRS 318.142 Collectionand disposal of garbage and refuse. The boardshall have the power to acquire, by purchase or lease, sites for the disposalof garbage and refuse, and to own and operate equipment for the collection anddisposal of, and collect and dispose of, garbage and refuse, or to contract,without calling for bids, for the collection and disposal of garbage and refusefrom within the district.

(Added to NRS by 1963, 626)

NRS 318.143 Recreationalfacilities.

1. Subject to the provisions of subsection 2, theboard may acquire, construct, reconstruct, improve, extend and better lands,works, systems and facilities for recreation.

2. If the proposed recreational facilities aresituated within 7 miles from the boundary of an incorporated city orunincorporated town, and if the county in which the proposed recreationalfacilities are situated has adopted a recreation plan pursuant to NRS 278.010 to 278.630, inclusive, the authority conferredby subsection 1 may be exercised only in conformity with such plan.

3. Such recreational facilities may include withoutlimitation exposition buildings, museums, skating rinks, other type rinks,fieldhouses, sports arenas, bowling alleys, swimming pools, stadiums, golfcourses, tennis courts, squash courts, other courts, ball fields, otherathletic fields, tracks, playgrounds, bowling greens, ball parks, public parks,promenades, beaches, marinas, levees, piers, docks, wharves, boat basins,boathouses, harborages, anchorages, gymnasiums, appurtenant shower, locker andother bathhouse facilities, amusement halls, dance halls, concert halls,theaters, auditoriums, aviaries, aquariums, zoological gardens, biologicalgardens and vivariums (or any combination thereof).

(Added to NRS by 1965, 1088; A 1967, 1714; 1971,1054)

NRS 318.144 Supply,storage and distribution of water.

1. The board may acquire, construct, reconstruct,improve, extend or better a works, system or facilities for the supply, storageand distribution of water for private and public purposes.

2. The provisions of chapters332 and 339 of NRS do not apply to acontract under which a private developer constructs water facilities for his development.Except as otherwise provided in this subsection, the provisions of chapter 338 of NRS do not apply to such acontract. If the developer does not pay all of the initial construction costsof the facility, the provisions of NRS338.013 to 338.090, inclusive, applyto the contract.

(Added to NRS by 1961, 464; A 1967, 1712; 1971, 1054;1973, 716; 1977, 542; 1995, 12)

NRS 318.1445 Districtnot required to furnish water for man-made lake or stream when prohibited byordinance in certain counties; exceptions. Inany county whose population is 400,000 or more:

1. Except as otherwise provided in subsection 2,nothing in this chapter requires a district to furnish water for the purpose offilling or maintaining a man-made lake or stream where that use of water isprohibited or restricted by ordinance of:

(a) The county, if the man-made lake or stream islocated within the unincorporated areas of the county; or

(b) A city, if the man-made lake or stream is locatedwithin the boundaries of the city.

2. The provisions of subsection 1 and of any ordinancereferred to in subsection 1 do not apply to:

(a) Water stored in a man-made reservoir for use inflood control, in meeting peak water demands or for purposes relating to thetreatment of sewage;

(b) Water used in a mining reclamation project; or

(c) A body of water located in a recreational facilitythat is open to the public and owned or operated by the United States or theState of Nevada.

(Added to NRS by 1989, 1445)

NRS 318.145 Operation,maintenance and repair of improvements. Theboard shall have the power to operate, maintain and repair the improvements acquiredby the district, including, without limitation, the maintenance and repair ofdedicated streets and alleys and the removal of snow therefrom, and allfacilities of the district relating to any basic power which the district isauthorized to exercise, and in connection therewith to exercise from time totime any one, all or any combination of the incidental powers provided in thischapter and any law supplemental thereto, except as may be otherwise providedin this chapter or in any such supplemental law.

(Added to NRS by 1959, 463; A 1967, 1698; 2001, 2084)

NRS 318.160 Acquisition,disposal of and encumbrances on property. Theboard shall have the power to acquire, dispose of and encumber real and personalproperty, and any interest therein, including leases, easements, and revenuesderived from the operation thereof. The constitutional and inherent powers ofthe legislature are hereby delegated to the board for the acquisition, disposaland encumbrance of property; but the board shall in no case receive title toproperty already devoted to public purpose or use, except with the consent ofthe owners of such property, and except upon approval of a majority of theboard.

(Added to NRS by 1959, 464)

NRS 318.165 Entryon land, water or premises to survey or inspect. Theboard shall have the power to enter on any lands, waters and premises for thepurposes of making surveys, soundings, examinations, tests and inspections.

(Added to NRS by 1959, 464)

NRS 318.170 Water,drainage, sewerage and disposal of garbage and other refuse: Approval ofsystem; additional powers.

1. The board may, in connection with a district withbasic powers relating to storm drainage facilities, sanitary sewer facilities,refuse collection and disposal facilities, and water facilities, or anycombination of such facilities:

(a) Consult with the Health Division of the Departmentof Health and Human Services about any system or proposed system of drainage orsewage or garbage and other refuse collection and disposal as to the bestmethod of disposing of the districts drainage or sewage or garbage and otherrefuse with reference to the existing and future needs of other cities, towns,districts or other persons which may be affected, and submit to the HealthDivision for its advice and approval the districts proposed system of drainageor sewage or garbage and other refuse disposal and collection, includingwithout limitation both liquid wastes and solid wastes.

(b) Except as limited by the provisions of paragraph(c), compel all owners of inhabited property in the district to use thedistricts system for the collection and disposal of sewage, garbage and otherrefuse, either as to liquid wastes, or solid wastes, or both liquid wastes andsolid wastes, by connection with the districts sewer system or otherwise,except for industrial property for which arrangements have been made with localhealth authorities for the disposal of wastes.

(c) Cause a connection by an owner of inhabitedproperty to such a system if a service line is brought by the district to apoint within 400 feet of his dwelling place, and upon a failure of the owner soto connect within 60 days after written mailed notice by the board, cause:

(1) The connection to be made by a person otherthan an owner; and

(2) A lien to be filed against the property forexpense incurred in making the connection.

(d) Make and enforce all necessary regulations for theremoval of sewage, garbage or other refuse, and for the proper use of waterwithin the district.

(e) Make all other sanitary regulations not in conflictwith the Constitution or laws of this State, and provide that any person whoviolates these regulations or ordinances shall be punished by a fine not toexceed $100 or by imprisonment not to exceed 1 month, or by both fine andimprisonment.

(f) Provide that any industrial user who violates afederally mandated standard shall be punished by a fine not to exceed $1,000per day for each day the violation continues.

2. A district shall not proceed to acquire or improveany system of water supply, drainage or sewage disposal or garbage and otherrefuse collection and disposal without first obtaining the approval of thecounty board of health.

3. As used in this section:

(a) Drainage means rainfall, surface and subsoilwater.

(b) Sewage means domestic and industrial filth andwaste.

(Added to NRS by 1959, 464; A 1963, 901; 1967, 1153,1699; 1969, 24; 1985, 271; 1991, 345)

NRS 318.175 Managementof districts business; acquisition and operation of projects. The board shall have the power:

1. To manage, control and supervise all the businessand affairs of the district.

2. To acquire, improve, equip, operate and maintainany district project.

(Added to NRS by 1959, 464)

NRS 318.180 Employees:Power to hire and retain. The board shall havethe power to hire and retain agents, employees, servants, engineers andattorneys, and any other persons necessary or desirable to effect the purposes ofthis chapter.

(Added to NRS by 1959, 464)

NRS 318.185 Employees:Duties and compensation. The board shall havethe power to prescribe the duties of officers, agents, employees and servants,and fix their compensation.

(Added to NRS by 1959, 464)

NRS 318.190 Eminentdomain. The board shall have and may exercisethe power of eminent domain and dominant eminent domain in the manner providedby law for the condemnation by a city of private property for public use totake any property necessary to the exercise of the powers granted, both withinand without the district.

(Added to NRS by 1959, 464)

NRS 318.195 Constructionof works across watercourse, highway or vacant public land; restoration ofproperty.

1. The board shall have the power to construct andmaintain works and establish and maintain facilities across or along any publicstreet or highway, and in, upon or over any vacant public lands, which publiclands are, or may become, the property of the State of Nevada, and to constructworks and establish and maintain facilities across any stream of water orwatercourse.

2. The board shall promptly restore any such street orhighway to its former state of usefulness as nearly as may be, and shall notuse the same in such manner as to impair completely or unnecessarily theusefulness thereof.

(Added to NRS by 1959, 464)

NRS 318.197 Rates,tolls and charges; liens; regulations governing connection and disconnectionfor facilities and services of district; collection of charges and penalties.

1. The board may fix, and from time to time increaseor decrease, electric energy, cemetery, swimming pool, other recreationalfacilities, television, FM radio, sewer, water, storm drainage, flood control,snow removal, lighting, garbage or refuse rates, tolls or charges other thanspecial assessments, including, but not limited to, service charges and standbyservice charges, for services or facilities furnished by the district, chargesfor the availability of service, annexation charges, and minimum charges, andpledge the revenue for the payment of any indebtedness or special obligationsof the district.

2. Upon compliance with subsection 9 and until paid,all rates, tolls or charges constitute a perpetual lien on and against theproperty served. A perpetual lien is prior and superior to all liens, claimsand titles other than liens of general taxes and special assessments and is notsubject to extinguishment by the sale of any property on account of nonpaymentof any liens, claims and titles including the liens of general taxes andspecial assessments. A perpetual lien must be foreclosed in the same manner asprovided by the laws of the State of Nevada for the foreclosure of mechanicsliens. Before any lien is foreclosed, the board shall hold a hearing thereonafter providing notice thereof by publication and by registered or certifiedfirst-class mail, postage prepaid, addressed to the last known owner at hislast known address according to the records of the district and the realproperty assessment roll in the county in which the property is located.

3. The board shall prescribe and enforce regulationsfor the connection with and the disconnection from properties of the facilitiesof the district and the taking of its services.

4. The board may provide for the collection ofcharges. Provisions may be made for, but are not limited to:

(a) The granting of discounts for prompt payment ofbills.

(b) The requiring of deposits or the prepayment ofcharges in an amount not exceeding 1 years charges from persons receivingservice and using the facilities of the enterprise or from the owners ofproperty on which or in connection with which services and facilities are to beused. In case of nonpayment of all or part of a bill, the deposits or prepaidcharges must be applied only insofar as necessary to liquidate the cumulativeamount of the charges plus penalties and cost of collection.

(c) The requiring of a guaranty by the owner ofproperty that the bills for service to the property or the occupants thereofwill be paid.

5. The board may provide for a basic penalty fornonpayment of the charges within the time and in the manner prescribed by it.The basic penalty must not be more than 10 percent of each months charges forthe first month delinquent. In addition to the basic penalty, the board mayprovide for a penalty of not exceeding 1.5 percent per month for nonpayment ofthe charges and basic penalty. The board may prescribe and enforce regulationsthat set forth the date on which a charge becomes delinquent. The board mayprovide for collection of the penalties provided for in this section.

6. The board may provide that charges for any servicemust be collected together with and not separately from the charges for anyother service rendered by it, and that all charges must be billed upon the samebill and collected as one item.

7. The board may enter into a written contract withany person, firm or public or private corporation providing for the billing andcollection by the person, firm or corporation of the charges for the servicefurnished by any enterprise. If all or any part of any bill rendered by theperson, firm or corporation pursuant to a contract is not paid and if theperson, firm or corporation renders any public utility service to the personbilled, the person, firm or corporation may discontinue its utility serviceuntil the bill is paid, and the contract between the board and the person, firmor corporation may so provide.

8. As a remedy established for the collection of dueand unpaid deposits and charges and the penalties thereon an action may bebrought in the name of the district in any court of competent jurisdictionagainst the person or persons who occupied the property when the service wasrendered or the deposit became due or against any person guaranteeing paymentof bills, or against any or all such persons, for the collection of the amountof the deposit or the collection of delinquent charges and all penaltiesthereon.

9. A lien against the property served is not effectiveuntil a notice of the lien, separately prepared for each lot affected, is:

(a) Mailed to the last known owner at his last knownaddress according to the records of the district and the real propertyassessment roll of the county in which the property is located;

(b) Delivered by the board to the office of the countyrecorder of the county within which the property subject to such lien islocated;

(c) Recorded by the county recorder in a book kept byhim for the purpose of recording instruments encumbering land; and

(d) Indexed in the real estate index as deeds and otherconveyances are required by law to be indexed.

(Added to NRS by 1959, 465; A 1963, 632; 1967, 1700;1969, 95; 1971, 187, 1054; 1975, 137; 1977, 542; 1991, 1708; 1995, 1906; 1997,452; 2005, 727)

NRS 318.199 Rates,tolls and charges for sewerage or water services or products: Schedules; publichearings; adoption of resolution; action to set aside resolution.

1. The board of trustees of any district organized orreorganized under this chapter and authorized to furnish sanitary sewerfacilities pursuant to NRS 318.140 or tofurnish water facilities pursuant to NRS318.144 shall establish schedules showing all rates, tolls or charges forservices performed or products furnished.

2. Whenever the board of trustees proposes to changeany individual or joint rate, toll, charge, service or product, or anyindividual or joint practice which will affect any rate, toll, charge, serviceor product, the board of trustees shall hold public hearings after 30 daysnotice has been given to all users of the service or product within thedistrict.

3. Notice shall be given by publication in a newspaperpublished in the county and if no such newspaper is published, then a newspaperpublished in this state which has a general circulation in the county. Thenotice shall not be placed in that portion of the newspaper where legal noticesand classified advertisements appear and the type used in the headline of suchnotice shall not be smaller than 18 point.

4. All users of the service or product shall beafforded a reasonable opportunity to submit data, views or arguments orally orin writing at the place, date and time specified in the notice, or at anysubsequent place or time to which the hearing may be adjourned.

5. If, after public hearing, the board of trusteesdetermines that the proposed action is required, the board shall adopt aresolution establishing the new or changed rates, tolls, charges, services tobe performed or products to be furnished.

6. Within 30 days immediately following the effectivedate of such resolution, any person who has protested it may commence an actionin any court of competent jurisdiction to set aside the resolution.

7. Within 30 days after the effective date of theresolution, the secretary of the district shall file a copy of the newschedules in the office of the district. The schedules shall be made availableto any user of the service or product.

(Added to NRS by 1977, 541)

NRS 318.201 Procedurefor collection of service charges on tax roll.

1. Any board which has adopted rates pursuant to thischapter may, by resolution or by separate resolutions, elect to have suchcharges for the forthcoming fiscal year collected on the tax roll in the samemanner, by the same persons, and at the same time as, together with and notseparately from, the countys general taxes. In such event, it shall cause awritten report to be prepared and filed with the secretary, which shall containa description of each parcel of real property receiving such services and facilitiesand the amount of the charge for each parcel for such year, computed inconformity with the charges prescribed by the resolution.

2. The powers authorized by this section arealternative to all other powers of the district, and alternative to otherprocedures adopted by the board for the collection of such charges.

3. The real property may be described by reference tomaps prepared by and on file in the office of the county assessor or bydescriptions used by him, or by reference to plats or maps on file in theoffice of the secretary.

4. The board may make the election specified insubsection 1 with respect only to delinquent charges and may do so by preparingand filing the written report, giving notice and holding the hearing thereinrequired only as to such delinquencies.

5. The secretary shall cause notice of the filing ofthe report and of a time and place of hearing thereon to be published once aweek for 2 weeks prior to the date set for hearing, in a newspaper of generalcirculation printed and published within the district if there is one and ifnot then in such paper printed and published in a county within which thedistrict is located.

6. Before the board may have such charges collected onthe tax roll, the secretary shall cause a notice in writing of the filing ofthe report proposing to have such charges for the forthcoming fiscal yearcollected on the tax roll and of the time and place of hearing thereon, to bemailed to each person to whom any parcel or parcels of real property describedin the report is assessed in the last equalized assessment roll available onthe date the report is prepared, at the address shown on the assessment roll oras known to the secretary. If the board adopts the report, then the requirementsfor notice in writing to the persons to whom parcels of real property areassessed does not apply to hearings on reports prepared in subsequent fiscalyears but notice by publication as provided in this section is adequate.

7. At the time stated in the notice, the board shallhear and consider all objections or protests, if any, to the report referred toin the notice and may continue the hearing from time to time. If the boardfinds that protest is made by the owners of a majority of separate parcels ofproperty described in the report, then the report shall not be adopted and thecharges shall be collected separately from the tax roll and shall notconstitute a lien against any parcel or parcels of land.

8. Upon the conclusion of the hearing, the board may adopt,revise, change, reduce or modify any charge or overrule any or all objectionsand shall make its determination upon each charge as described in the report,which determination is final.

9. After the hearing, when the board has made a finaldecision on a service charge or fee to be collected on the county tax roll, thesecretary shall prepare and file a final report, which shall contain adescription of each parcel receiving the services and the amount of the charge,with the county assessor for inclusion on the assessment roll. If a report isfiled after the closing of the assessment roll but before the extension of thetax roll, the auditor shall insert the charges in such extension.

10. The amount of the charges shall constitute a lienagainst the lot or parcel of land against which the charge has been imposed asof the time when the lien of taxes on the roll attach.

11. The county treasurer shall include the amount ofthe charges on bills for taxes levied against the respective lots and parcelsof land. Thereafter the amount of the charges shall be collected at the sametime and in the same manner and by the same persons as, together with and notseparately from, the general taxes for the county. The charges shall becomedelinquent at the same time as such taxes and are subject to the samedelinquency penalties.

12. All laws applicable to the levy, collection andenforcement of general taxes of the county, including, but not limited to,those pertaining to the matters of delinquency, correction, cancellation,refund, redemption and sale, are applicable to such charges.

13. The county treasurer may issue separate bills forsuch charges and separate receipts for collection on account of such charges.

(Added to NRS by 1963, 626; A 1967, 1701; 1975, 465)

NRS 318.202 Procedurefor collection of charges for connecting to water, drainage or seweragefacilities on tax roll or by special assessments.

1. Subject to NRS318.199, the board may by resolution:

(a) Fix fees or charges for the privilege of connectingto its water, drainage or sewerage facilities;

(b) Fix the time or times at which such fees or chargesshall become due;

(c) Provide for the payment of such fees or charges priorto connection or in installments over a period of not to exceed 15 years; and

(d) Provide the rate of interest, not to exceed 6percent per annum, to be charged on the unpaid balance of such fees or charges.

2. The amount of such fees or charges and the interestthereon constitute a lien against the respective lots or parcels of land towhich the facilities are connected if the board complies with subsection 9 andgives notice to the owners of the lots or parcels of land affected.

3. The notice shall set forth:

(a) The schedule of fees or charges to be imposed.

(b) A description of the property subject to such feesor charges, which description may be as provided in subsection 3 of NRS 318.201.

(c) The time or times at which such fees or chargesshall become due.

(d) The number of installments in which such fees orcharges shall be payable.

(e) The rate of interest, not to exceed 6 percent perannum, to be charged on the unpaid balance of such fees or charges.

(f) That it is proposed that the fees or charges andinterest thereon shall constitute a lien against the lots or parcels of land towhich the facilities are furnished.

(g) The time and place at which the board will hold ahearing at which persons may appear and present any and all objections they mayhave to the imposition of the fees or charges as a lien against the land.

4. The notice shall be published once a week for 2weeks prior to the date set for hearing. At least 10 days prior to the date ofhearing, written notice shall be mailed to all persons owning land subject tosuch fees or charges, whose names and addresses appear on the last equalizedassessment roll.

5. At the time stated in the notice the board shallhear and consider all objections or protests, if any, to the imposition of thefees or charges as set forth in the notice and may continue the hearing fromtime to time.

6. Upon the conclusion of the hearing, the board mayadopt, revise, change, reduce or modify the fees or charges or may overrule anyor all objections and make its determination, which determination is final.

7. Prior to the time the county treasurer posts taxesto the county tax roll following such final determination, the board shallcertify to the county auditor a list of the lots or parcels of land, as theyappear on the current assessment roll, subject to such fees or charges and theamounts of the installments of such fees or charges and interest to be enteredagainst such lots or parcels on the assessment roll. If a lot or parcelconnected to the facilities is subsequently divided into two or more lots orparcels as shown on the current assessment roll, the board shall designate thelot or parcel that remains connected to the facilities and against which theinstallments of the fees or charges and interest are to be entered.

8. The county treasurer shall annually collect thecharges or the respective installments thereof as provided in subsections 10 to13, inclusive, of NRS 318.201.

9. A lien against the respective lots or parcels ofland to which the facilities are connected is not effective until a notice ofthe lien, separately prepared for each lot or parcel, is:

(a) Delivered by the board to the office of the countyrecorder of the county within which the property subject to such lien islocated;

(b) Recorded by the county recorder in a book kept byhim for the purpose of recording instruments encumbering land; and

(c) Indexed in the real estate index as deeds and otherconveyances are required by law to be indexed.

(Added to NRS by 1963, 628; A 1967, 1703; 1977, 544)

NRS 318.203 Structurereasonably believed to be used as dwelling unit: Affidavit filed by employee ofdistrict or other person; notice and hearing; resolution to charge owner ofdwelling unit for services provided by district.

1. If an employee of a general improvement district orother person has a reasonable belief that a dwelling unit exists that is notcurrently being charged for services provided by a general improvement districtin a county whose population is less than 400,000, the employee or other personmay submit an affidavit to the board of trustees of the district, setting forththe facts upon which the employee or other person bases his belief, including,without limitation, personal knowledge and visible indications of use of theproperty as a dwelling unit.

2. If a board of trustees receives an affidavitdescribed in subsection 1, the board may set a date for a hearing to determinewhether the unit referenced in the affidavit is being used as a dwelling unit.At least 30 days before the date of such a hearing, the board shall send anotice by certified mail, return receipt requested, to the owner of theproperty where the unit referenced in the affidavit is located at the addresslisted in the real property assessment roll in the county in which the propertyis located. The notice must specify the purpose, date, time and location of thehearing.

3. Except as otherwise provided in this subsection,if, after the hearing, the board determines that the unit referenced in theaffidavit submitted pursuant to subsection 1 is being used as a dwelling unit,the board may adopt a resolution by the affirmative votes of not less thantwo-thirds of the total membership of the board to charge the owner pursuant toNRS 318.197 for the services provided bythe district to the dwelling unit. The board shall not adopt such a resolutionif the owner provides evidence satisfactory to the board that the unitreferenced in the affidavit is not being used as a dwelling unit.

4. As used in this section:

(a) Dwelling unit means a structure that is designedfor residential occupancy by one or more persons for living and sleepingpurposes, consisting of one or more rooms, including a bathroom and kitchen.The term does not include a hotel or a motel.

(b) Kitchen means a room, all or part of which isdesigned or used for storage, refrigeration, cooking and preparation of food.

(c) Owner means a person to whom the parcel of realproperty upon which the unit referenced in an affidavit submitted pursuant tosubsection 1 is located is assessed in the most recent assessment rollavailable.

(Added to NRS by 2001, 1709)

NRS 318.205 Bylaws. The board shall have the power to adopt and amend bylaws,not in conflict with the Constitution and laws of the State:

1. For carrying on the business, objects and affairsof the board and of the district.

2. Regulating the use or right of use of any projector improvement.

(Added to NRS by 1959, 465; A 1967, 1715)

NRS 318.210 Impliedpowers. The board shall have and exercise allrights and powers necessary or incidental to or implied from the specificpowers granted in this chapter. Such specific powers shall not be considered asa limitation upon any power necessary or appropriate to carry out the purposesand intent of this chapter.

(Added to NRS by 1959, 465)

NRS 318.215 Conveyanceof facilities to city or town; assumption of indebtedness; dissolution ofdistrict.

1. When a district abuts a city or town, the boardshall have the power to convey to such city or town, at the discretion of thedistrict and with the consent of the governing authority thereof, all of theproperty of such district upon the condition that such city or town:

(a) Will operate and maintain such property, regardlessof whether the area comprising the district is annexed to the municipality; and

(b) May assume all of the indebtedness of such districtupon such conditions as the county or town and the governing body of thedistrict may agree.

2. Upon such conveyance and assumption of indebtednessthe district shall be dissolved and a certificate to such effect shall besigned by the clerical officer of the city or town and filed with the Secretaryof State and county clerk of any county in which the ordinance creating thedistrict is filed.

(Added to NRS by 1959, 465; A 1965, 1081)

NRS 318.220 Conveyancesby cities, counties or districts to general improvement districts.

1. Any municipality, county, special district or ownermay sell, lease, grant, convey, transfer or pay over to any district, with orwithout consideration, any project or any part thereof or any interest in realor personal property or any money available for construction or improvementpurposes, including the proceeds of bonds issued before, on or after March 30,1959, for construction or improvement purposes which may be used by thedistrict in the construction, improvement, maintenance or operation of anyproject.

2. Any municipality, county or special district isalso authorized to transfer, assign and set over to any district any contractswhich may have been awarded by the municipality, county or special district forthe construction of projects not begun or, if begun, not completed.

3. The territory being served by any project or theterritory within which the project is authorized to render service at the timeof the acquisition of the project by a district must include the area served bythe project and the area in which the project is authorized to serve at thetime of acquisition and any other area into which the service may be extendedwithin the district. If an election is required either by general law orcharter provision to authorize the transfer, such election must be called andconducted as provided by law.

(Added to NRS by 1959, 466; A 1997, 1609)

TAXATION

NRS 318.225 Powerto levy taxes. In addition to the other meansfor providing revenue for such districts, the board shall have power andauthority to levy and collect general (ad valorem) taxes on and against alltaxable property within the district, such levy and collection to be made bythe board in conjunction with the county and its officers as set forth in thischapter.

(Added to NRS by 1959, 466)

NRS 318.230 Levyand collection of taxes.

1. To levy and collect taxes, the board shalldetermine, in each year, the amount of money necessary to be raised bytaxation, taking into consideration other sources of revenue of the district,and shall fix a rate of levy which, when levied upon every dollar of assessedvaluation of taxable property within the district, and together with otherrevenues, will raise the amount required by the district annually to supplymoney for paying:

(a) The expenses of organization and the costs ofoperating and maintaining the works and equipment of the district; and

(b) The costs of acquiring the works and equipment ofthe district and, when due, all interest on and principal of general obligationbonds and other general obligations of the district.

In the eventof accruing defaults or deficiencies, an additional levy may be made asprovided in NRS 318.235. The board shallidentify separately the rate of tax which is levied pursuant to paragraph (a)and the rate which is levied pursuant to paragraph (b) and shall make suchinformation available to the public upon request. The board shall not continueto levy a rate of tax pursuant to paragraph (b) after the cost to the districtof acquiring the particular work or equipment for which the rate was levied hasbeen recovered in full.

2. The board shall certify to the board of countycommissioners, at the same time as fixed by law for certifying thereto taxlevies of incorporated cities, the rate so fixed with directions that at thetime and in the manner required by law for levying taxes for county purposessuch board of county commissioners shall levy such tax upon the assessedvaluation of all taxable property within the district, in addition to suchother taxes as may be levied by such board of county commissioners at the rateso fixed and determined.

(Added to NRS by 1959, 466; A 1999, 793)

NRS 318.235 Leviesto cover deficiencies.

1. The board, in certifying annual levies, shall takeinto account the maturing general obligation indebtedness for the ensuing yearas provided in its contracts, maturing general obligation bonds and interest onsuch bonds, and deficiencies and defaults of prior years, and shall make ampleprovision for the payment thereof.

2. In case the money produced from such levies,together with other revenues of the district, is not sufficient punctually topay the annual installments on such obligations, and interest thereon, and topay defaults and deficiencies, the board shall make such additional levies oftaxes as may be necessary for such purposes, and, notwithstanding anylimitations, such taxes must be made and continue to be levied until thegeneral obligation indebtedness of the district is fully paid but must not continueafter that date.

(Added to NRS by 1959, 466; A 1999, 793)

NRS 318.240 Countyofficers to levy and collect.

1. The body having authority to levy taxes within eachcounty shall levy the taxes provided in this chapter.

2. All officials charged with the duty of collectingtaxes shall collect such taxes at the time and in the same form and manner, andwith like interest and penalties, as other taxes are collected and whencollected 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 thedistrict and paid into the depository thereof to the credit of the district.

3. All taxes levied under this chapter, together withinterest thereon and penalties for default in payment thereof, and all costs ofcollecting the same, shall constitute, until paid, a perpetual lien on andagainst the property taxed; and such lien shall be on a parity with the taxlien of other general taxes.

(Added to NRS by 1959, 467)

NRS 318.245 Salesfor delinquencies. If the taxes levied are notpaid as provided in this chapter, the property subject to the tax lien shall besold and the proceeds thereof shall be paid over to the district according tothe provisions of the laws applicable to tax sales and redemptions.

(Added to NRS by 1959, 467)

NRS 318.250 Reservefunds. Whenever any indebtedness or otherobligations have been incurred by a district, it shall be lawful for the boardto levy taxes and collect revenue for the purpose of creating funds in suchamount as the board may determine, which may be used to meet the obligations ofthe district, for maintenance and operating charges and depreciation, andprovide extension of and betterments to the improvements of the district.

(Added to NRS by 1959, 467; A 1965, 744; 1971, 2108)

BOUNDARIES; INCLUSION AND EXCLUSION OF PROPERTY

NRS 318.256 Boundarychanges; liability of property.

1. The boundary of any district organized under theprovisions of this chapter may be changed in the manner prescribed in NRS 318.257 and 318.258, but the change of boundaries ofthe district shall not impair nor affect its organization, nor shall it affect,impair or discharge any contract, obligation, lien or charge on which it or theproperty therein might be liable or chargeable had such change of boundariesnot been made.

2. Property included within or annexed to a districtshall be subject to the payment of taxes, assessments and charges, as providedin NRS 318.258. Real property excludedfrom a district shall thereafter be subject to the levy of taxes for the paymentof its proportionate share of any indebtedness of the district outstanding atthe time of such exclusion, and shall be subject to any outstanding specialassessment lien thereon. Personal property may be excluded from a district onsuch terms and conditions as may be prescribed by the board of the districtinvolved.

(Added to NRS by 1967, 1610)

NRS 318.257 Exclusion.

1. A fee owner of real property situate in thedistrict, or the fee owners of any real properties which are contiguous to eachother and which constitute a portion of the district may file with the board apetition praying that such lands be excluded and taken from the district.

2. Petitions shall:

(a) Describe the property which the petitioners desireto have excluded.

(b) State that the property is not capable of beingserved with facilities of the district, or would not be benefited by remainingin the district or by any future improvement it might make.

(c) Be acknowledged in the same manner and form asrequired in case of a conveyance of land.

(d) Be accompanied by a deposit of money sufficient topay all costs of the exclusion proceedings.

3. The secretary of the board shall cause a notice offiling of such petition to be published, which notice shall:

(a) State the filing of such petition.

(b) State the names of the petitioners.

(c) Describe the property mentioned in the petition.

(d) State the prayer of the petitioners.

(e) Notify all persons interested to appear at theoffice of the board at the time named in the notice, showing cause in writing,if any they have, why the petition should not be granted.

4. The board at the time and place mentioned in thenotice, or at the times to which the hearing of the petition may be adjourned,shall proceed to hear the petition and all objections thereto, presented inwriting by any person showing cause why the prayer of the petition should notbe granted.

5. The filing of such petition shall be deemed andtaken as an assent by each and all such petitioners to the exclusion from thedistrict of the property mentioned in the petition, or any part thereof.

6. The board, if it deems it not for the best interestof the district that the property mentioned in the petition, or portionthereof, be excluded from the district, shall order that the petition be deniedin whole or in part, as the case may be.

7. If the board deems it for the best interest of thedistrict that the property mentioned in the petition, or some portion thereofbe excluded from the district, the board shall order that the petition begranted in whole or in part, as the case may be.

8. There shall be no withdrawal from a petition afterconsideration by the board nor shall further objection be filed except in caseof fraud or misrepresentation.

9. Upon allowance of such petition, the board shallfile for record a certified copy of its resolution making such change, asprovided in NRS 318.075.

(Added to NRS by 1967, 1610)

NRS 318.258 Inclusion. The boundaries of a district may be enlarged by theinclusion of additional real property therein in the following manner:

1. The fee owner or owners of any real propertycapable of being served with facilities of the district may file with the boarda petition in writing praying that such property be included in the district.

2. The petition shall:

(a) Set forth an accurate legal description of theproperty owned by the petitioners.

(b) State that assent to the inclusion of such propertyin the district is given by the signers thereto, constituting all the feeowners of such property.

(c) Be acknowledged in the same manner required for aconveyance of land.

3. There shall be no withdrawal from a petition afterconsideration by the board nor shall further objections be filed except in caseof fraud or misrepresentation.

4. The board shall hear the petition at an openmeeting after publishing the notice of the filing of such petition, and of theplace, time and date of such meeting, and the names and addresses of thepetitioners. The board shall grant or deny the petition and the action of theboard is final and conclusive. If the petition is granted as to all or any ofthe real property therein described, the board shall make an order to thateffect, and file it for record as provided in NRS318.075.

5. If the costs of extending the facilities of thedistrict are paid by the property owners of the area to be included within thedistrict, these property owners are entitled to receive any money charged andcollected by the district when additional property owners utilize thefacilities which were extended.

6. The board of trustees of the district shall pay tothe property owners pro rata shares of the money charged and collected.

7. After the date of its inclusion in such district,such property is subject to all of the taxes and charges imposed by thedistrict, and is liable for its proportionate share of existing generalobligation bonded indebtedness of the district; but it is not liable for anytaxes or charges levied or assessed prior to its inclusion in the district, norshall its entry into the district be made subject to or contingent upon thepayment or assumption of any penalty, toll or charge, other than any reasonableannexation charge which the board may fix and uniformly assess and the tollsand charges which are uniformly made, assessed or levied for the entiredistrict. Such charges shall be computed in such a manner as not to place a newcharge against the district members nor penalize the area annexed.

8. In any district within the region of any interstatecompact relating to planning, when any petition for the inclusion of propertyinto any district is denied, the petitioner may appeal the denial to the boardof county commissioners of the county in which such district is located, whichshall review such denial and may, in its discretion, order that such propertybe included in the district.

9. The board of county commissioners of any county inwhich a district is located may by ordinance require the district to includeadditional real property within its boundaries if:

(a) The inclusion is required by a federal law orregulation issued thereunder;

(b) The district can provide the services required bythe owners of the real property; and

(c) The owners of the real property pay the costs ofproviding the facilities.

(Added to NRS by 1967, 1611; A 1971, 189; 1977, 545)

ANNEXATION OF TERRITORY BY DISTRICT CREATED TO FURNISHELECTRICITY

NRS 318.261 Annexationof territory to district. Territory may beannexed to a district created wholly or in part to furnish electric light andpower pursuant to NRS 318.261 to 318.272, inclusive.

(Added to NRS by 1989, 1598)

NRS 318.262 Petitionto enlarge district; approval of annexation by governing body of city required.

1. The boundaries of a district created wholly or inpart to furnish electric light and power may be enlarged by the inclusion ofadditional real property by a petition, if the real property is capable ofbeing served with the facilities of the district and the petition:

(a) Prays that the additional real property be includedin the district;

(b) Is signed by at least 75 percent of the owners infee of the real property in the territory; and

(c) Is filed with the board of trustees of thedistrict.

2. The boundaries of any district expanded pursuant tothe provisions of NRS 318.261 to 318.272, inclusive, must not include anyterritory of any incorporated city unless the governing body of theincorporated city has approved the annexation of that territory.

(Added to NRS by 1989, 1598)

NRS 318.263 Petition:Contents. The petition must:

1. Set forth a general description of the proposedboundaries of the district or of the territory proposed to be included withinthe district, with such certainty as to enable an owner of property todetermine whether his property is within the district.

2. State that the persons signing the petition assentto the inclusion of the property in the district and that 75 percent or more ofthe owners in fee of the real property in the territory proposed to be includedin the district have signed the petition.

3. State that the property sought to be included isnot within the boundaries of any other district, town, municipality or publicutility which provides the same service as the district into which petitionersseek to be included.

4. State that the petitioners acknowledge that:

(a) After the date of inclusion of the real property inthe district, it is subject to all of the taxes and charges imposed by thedistrict and is liable for its proportionate share of existing generalobligation bonded indebtedness of the district;

(b) The property is not liable for any taxes or chargeslevied or assessed before its inclusion in the district;

(c) Entry of the property into the district may not besubject to or contingent upon the payment or assumption of any penalty, toll orcharge, other than any reasonable annexation charge which the board may fix anduniformly assess and the tolls and charges which are uniformly made, assessedor levied for the entire district; and

(d) Any charge imposed must be computed in a mannerthat does not impose a new charge on the members of the district and must notpenalize the members of the territory to be annexed.

5. Be acknowledged in the same manner required for aconveyance of land.

(Added to NRS by 1989, 1598)

NRS 318.264 Petition:Withdrawal and objections. After considerationof the petition by the board there may be no withdrawal from the petition andno objections to the petition may be filed except an objection of fraud ormisrepresentation.

(Added to NRS by 1989, 1599)

NRS 318.266 Publichearing; notice; requirements for conducting hearing. Theboard shall hear the petition at an open meeting after publishing notice of thepetition at least 10 days before the meeting in a newspaper of generalcirculation published in the county or counties in which the territory proposedto be annexed to the district is located. The notice must include notice of theplace, date and time of the meeting and the names and addresses of thepetitioners. At the time designated in the notice, the board shall conduct ahearing on the petition which is open to the public and any person interestedmay be heard.

(Added to NRS by 1989, 1599)

NRS 318.267 Determinationby board; filing of order by county clerk.

1. After conducting a hearing on the petition, theboard, in its discretion, shall determine whether to grant or deny thepetition. If the petition is granted as to all or any of the real property, theboard shall make an order altering the boundaries of the district by annexingto it the territory described in the petition or as modified by thedetermination of the board.

2. Within 30 days after the effective date of anyorder made pursuant to subsection 1, the county clerk shall file a copy of theorder in his office and shall cause to be filed an additional copy of the orderin the Office of the Secretary of State. The Secretary of State shall notimpose a fee for filing the order and shall file the order in the same manneras articles of incorporation are required to be filed under chapter 78 of NRS.

(Added to NRS by 1989, 1599)

NRS 318.268 Reimbursementto property owners who paid costs of extending facilities.

1. If the costs of extending the facilities of thedistrict are paid by the property owners of the area to be included within thedistrict, these property owners are entitled to receive any money charged andcollected by the district when additional property owners utilize thefacilities which were extended.

2. The board of trustees of the district shall pay tothe property owners who have paid the cost of extending the facilities, prorata shares of any money charged and collected by the district when additionalproperty owners utilize the facilities which were extended.

(Added to NRS by 1989, 1599)

NRS 318.269 Liabilityof included real property for taxes, charges and bonded indebtedness ofdistrict; exceptions. After the date of itsinclusion in a district created wholly or in part to furnish electric light andpower, the real property is subject to all of the taxes and charges imposed bythe district and is liable for its proportionate share of existing generalobligation bonded indebtedness of the district. The property is not liable forany taxes or charges levied or assessed before its inclusion in the district.Entry of the property into the district may not be subject to or contingentupon the payment or assumption of any penalty, toll or charge, other than anyreasonable annexation charge which the board may fix and uniformly assess andthe tolls and charges which are uniformly made, assessed or levied for theentire district. Any charge imposed must be computed in a manner that does notimpose a new charge on the members of the district and must not penalize themembers of the territory to be annexed.

(Added to NRS by 1989, 1599)

NRS 318.271 Appealof denied petition to board of county commissioners. Whenany petition for the inclusion of property into a district created wholly or inpart to furnish electric light and power is denied, the petitioner may appealthe denial to the board of county commissioners of the county in which thedistrict is located. The board of county commissioners shall review the denialand may, in its discretion and upon a finding that inclusion would be in thebest interests of the district and the petitioners, order that the property beincluded in the district.

(Added to NRS by 1989, 1600)

NRS 318.272 Judicialreview. Any party aggrieved by a finaldecision of the board of county commissioners pursuant to NRS 318.271 may obtain judicial review ofthe decision, as if the board of county commissioners were a state agency, inthe manner provided by NRS 233B.130 to233B.150, inclusive.

(Added to NRS by 1989, 1600; A 1991, 470)

BORROWING, BONDS AND SPECIAL ASSESSMENTS

NRS 318.275 Formsof borrowing; approval of debt management commission.

1. Upon the conditions and under the circumstances setforth in this chapter, a district may borrow money and issue the followingsecurities to evidence such borrowing:

(a) Short-term notes, warrants and interim debentures.

(b) General obligation bonds.

(c) Revenue bonds.

(d) Special assessment bonds.

2. The board of trustees of a district whosepopulation within its boundaries is less than 5,000, shall not borrow money orissue securities to evidence such borrowing unless the board has obtained theapproval of the debt management commission of the county in which the districtis located.

3. The board of trustees of a district whosepopulation within its boundaries is less than 5,000, shall not forward aresolution authorizing medium-term obligations to the Executive Director of theDepartment of Taxation unless such financing is approved by the commission.

(Added to NRS by 1959, 469; A 1967, 1704; 1977, 534;1991, 972; 1995, 771; 1997, 555)

NRS 318.277 Debtlimit of district. A district may borrow moneyand incur or assume indebtedness therefor, as provided in this chapter, so longas the total of all such indebtedness (but excluding revenue bonds, specialassessment bonds, and other securities constituting special obligations whichare not debts) does not exceed an amount equal to 50 percent of the total of thelast assessed valuation of taxable property (excluding motor vehicles) situatedwithin such district.

(Added to NRS by 1965, 1089; A 1967, 1704; 1977, 251)

NRS 318.280 Short-termnotes, warrants and interim debentures.

1. A district, upon the affirmative vote of fourtrustees, is authorized to borrow money without an election in anticipation ofthe collection of taxes or other revenues (but excluding special assessments) andto issue short-term notes, warrants and interim debentures to evidence the amountso borrowed.

2. Such short-term notes, warrants and interimdebentures:

(a) Shall be payable from the fund for which the moneywas borrowed.

(b) Shall mature before the close of the fiscal year inwhich the money is so borrowed, except for interim debentures.

(c) Shall not be extended or funded except incompliance with the Local Government Securities Law.

(Added to NRS by 1959, 470; A 1967, 1704)

NRS 318.320 Revenuebonds: Issuance for acquisition or improvement of facilities. A district created wholly or in part for a basic purposeor basic purposes in connection with which the district may derive revenuesfrom the operation of facilities of the district or from the furnishing ofservices by the district, or from both such revenue sources, may issue bonds(without the necessity of holding an election and as an alternative or inaddition to other forms of borrowing authorized in this chapter) for thepurpose of acquiring or improving facilities appertaining to any such basicpurpose, and such bonds shall be made payable solely out of the net revenuesderived from the operation of such facilities or the furnishing of suchservices, or from both such revenue sources of the district; but a single bondissue may be had for more than one of such facilities or services and therevenues for any and all of the income-producing facilities and servicesprovided by the district may be pledged to pay for any other such facilities orservice. To that end, a single utility fund for all or any number of such facilitiesand services may be established and maintained.

(Added to NRS by 1959, 471; A 1963, 633; 1967, 1706)

NRS 318.325 LocalGovernment Securities Law: Types of securities authorized to be issued.

1. Subject to the limitations and other provisions inthis chapter, a board of any district may issue on its behalf and in its nameat any time or from time to time, as the board may determine, the followingtypes of securities in accordance with the provisions of the Local GovernmentSecurities Law, except as otherwise provided in subsection 2:

(a) General obligation bonds and other generalobligation securities payable from general (ad valorem) property taxes;

(b) General obligation bonds and other generalobligation securities payable from general (ad valorem) property taxes, thepayment of which securities is additionally secured by a pledge of and lien onnet revenues;

(c) Revenue bonds and other securities constitutingspecial obligations and payable from net revenues, but excluding the proceeds ofany general (ad valorem) property taxes or any special assessments, whichpayment is secured by a pledge of and lien on such net revenues; or

(d) Any combination of such securities.

2. General obligation or revenue bonds may be sold ata discount only if the amount of discount permitted by the board has beencapitalized as a cost of the project.

(Added to NRS by 1959, 472; A 1965, 1083; 1967, 229,1706; 1969, 870, 1288; 1971, 2108; 1975, 854; 1979, 584; 1981, 960)

NRS 318.339 Powerof certain districts to borrow money from State or Federal Government. A district organized or reorganized pursuant to thischapter and authorized to exercise any of the basic powers provided in NRS 318.140, 318.142 and 318.144 may borrow money from the State orFederal Government without limitation by other provisions of this chapter. Thepower conferred by this section may be exercised only for the purpose ofexercising one or more of the basic powers enumerated in this section, whetheror not the district is authorized to exercise any other basic power.

(Added to NRS by 1968, 58)

NRS 318.350 Assessmentsto pay expenses of improvements; exempt property.

1. Except as otherwise provided in subsection 2, suchpart of the expenses of making any public improvement (to implement any one,all or any combination of basic powers stated in NRS 318.116 and granted to any district inproceedings for its organization or in any proceedings for its reorganizationor as may be otherwise provided by law), as the board determines by anaffirmative vote of at least two-thirds of its members, may be defrayed byspecial assessments upon lands and premises abutting upon that part of thestreet or alley so improved or proposed so to be, or the lands abutting uponthe improvement and the other lands as in the opinion of the board may bespecially benefited by the improvement.

2. Unless the board of trustees of the districtconsents to the assessment, all property owned and used by a school district isexempt from any assessment made pursuant to the provisions of this chapter.

(Added to NRS by 1959, 473; A 1975, 855; 1981, 961;1989, 1043; 1991, 696)

MERGER, CONSOLIDATION AND DISSOLUTION OF DISTRICTS

NRS 318.490 Initiationby ordinance; notice; agreement of board of trustees of certain districtsrequired.

1. Except as otherwise provided in NRS 318.492, whenever a majority of themembers of the board of county commissioners of any county deem it to be in thebest interests of the county and of the district that the district be merged,consolidated or dissolved, or if the board of trustees of a district, byresolution pursuant to subsection 3, agrees to such a merger, consolidation ordissolution, the board of county commissioners shall so determine by ordinance,after there is first found, determined and recited in the ordinance that:

(a) All outstanding indebtedness and bonds of all kindsof the district have been paid or will be assumed by the resulting merged orconsolidated unit of government.

(b) The services of the district are no longer neededor can be more effectively performed by an existing unit of government.

2. The county clerk shall thereupon certify a copy ofthe ordinance to the board of trustees of the district and shall mail writtennotice to all property owners within the district in his county, containing thefollowing:

(a) The adoption of the ordinance;

(b) The determination of the board of countycommissioners that the district should be dissolved, merged or consolidated;and

(c) The time and place for hearing on the dissolution,merger or consolidation.

3. If a majority of the members of the board of countycommissioners of a county deems it to be in the best interests of the countyand of a district that was, on October 1, 2005, exercising powers pursuant to NRS 318.140, 318.142 and 318.144, that the district be merged,consolidated or dissolved, the board of county commissioners shall submit thequestion of the merger, consolidation or dissolution to the board of trusteesof the district. If the board of trustees of the district, by resolution, doesnot agree to the merger, consolidation or dissolution within 90 days after thequestion was submitted to it, the district may not be merged, consolidated ordissolved.

(Added to NRS by 1959, 482; A 1965, 1087; 1973, 562;1989, 521; 2005, 728)

NRS 318.492 Procedurewhen district included within boundaries of incorporated city.

1. If all the territory within a district organizedpursuant to this chapter is included within the boundaries of a cityincorporated under the provisions of chapter 266of NRS, the board of county commissioners of the county shall, within 90 daysafter the filing of the notice required by NRS266.033, adopt an ordinance providing for the merger of the district withthe city and fixing a time and place for a hearing on the merger.

2. The county clerk shall certify a copy of theordinance and give notice of its adoption in the manner provided by subsection2 of NRS 318.490.

3. The board of county commissioners shall thereafterproceed to hear and determine the matter as provided in NRS 318.495 and 318.500.

(Added to NRS by 1989, 520)

NRS 318.495 Protests;adoption of final ordinance.

1. Any person who owns property which is locatedwithin the district may, on or before the date fixed, protest against thedissolution, merger or consolidation of such district, in writing, which protestshall be filed with the county clerk of such county.

2. If, at or before the time fixed by the ordinanceand notice, written protest is filed signed by a majority of the owners ofproperty within the district, the district shall not be dissolved, merged orconsolidated. If any written protests are filed and the board of countycommissioners determines that the protests so filed represent less than amajority of the owners of property within the district, the board may, if it sodetermines, complete the dissolution, merger or consolidation by the adoptionof a final ordinance of dissolution, which ordinance shall contain a recital ofthe protests, and such recital is binding and conclusive for all purposes.

(Added to NRS by 1959, 482; A 1965, 1087; 1977, 535)

NRS 318.500 Hearing. At the place, date and hour specified for the hearing inthe notice or at any subsequent time to which the hearing may be adjourned, theboard of county commissioners shall give full consideration to all protestswhich may have been filed and shall hear all persons desiring to be heard andshall thereafter adopt either the final ordinance of dissolution, merger orconsolidation or an ordinance determining that it shall not be dissolved,merged or consolidated.

(Added to NRS by 1959, 482; A 1965, 1087)

NRS 318.505 Filingof copies of ordinance. Within 30 days afterthe effective date of any ordinance dissolving, merging or consolidating thedistrict, the county clerk shall file a copy of the ordinance in his office andshall cause to be filed an additional copy of the ordinance in the Office ofthe Secretary of State, which filings shall be without fee and be otherwise inthe same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

(Added to NRS by 1959, 482; A 1965, 1087)

NRS 318.508 Effectof final ordinance to dissolve district included within boundaries ofincorporated city. If a final ordinance ofdissolution is adopted pursuant to NRS318.492:

1. The merger of the district is effective on July 1of the year next following the date the incorporation of the city becomeseffective.

2. The city shall assume the obligations and functionsof the district.

3. Any outstanding and unpaid tax sale or levy and anyspecial assessment lien of the district is valid and remains a lien upon theproperty against which it is assessed or levied until paid, subject to thelimitations of liens provided by general law. Any tax or special assessmentpaid after the effective date of the merger must be placed in the general fundof the city.

4. The city council of the city has the same power toenforce the collection of any special assessment or outstanding tax sales ofthe district as the district would have had if it had not been merged.

(Added to NRS by 1989, 521)

NRS 318.510 Surrenderand transfer of property and money; collection and disposition of taxes andspecial assessments.

1. All property and all funds remaining in thetreasury of any district must be:

(a) Surrendered and transferred to the county in whichthe district exists and become a part of the general fund of the county, if thedistrict is dissolved;

(b) Transferred to the governmental unit which assumesits obligations and functions, if the district is merged; or

(c) Transferred to the consolidated governmental unit,if the district is consolidated.

2. All outstanding and unpaid tax sales and levies andall special assessment liens of a dissolved district are valid and remain alien against the property against which they are assessed or levied until paid,subject to the limitations of liens provided by general law. Taxes and specialassessments paid after dissolution must be placed in the general fund of thecounty in which the property was assessed.

3. Except as otherwise provided in NRS 318.508, the board of county commissionershas the same power to enforce the collection of all special assessments andoutstanding tax sales of the district as the district had if it had not beendissolved, merged or consolidated.

4. If any area comprising the district or portionthereof is annexed to a city or town within 6 months from the effective date ofthe dissolution ordinance, a pro rata share of all such property and funds mustbe transferred to the municipality.

5. If any area comprising the district or portionthereof is not annexed to a city or town within 6 months from the effectivedate of the dissolution ordinance, the board of county commissioners shall payto the owners of property located within the former district pro rata shares ofthe money remaining in the treasury of the district, and an amount of moneyequal to the value of any property which is not used for the benefit of thearea formerly comprising the district. The board of county commissioners may,before paying such money, apply a proportionate amount of such payment to anyspecial assessments which are due.

(Added to NRS by 1959, 482; A 1965, 1087; 1977, 535;1989, 521)

CORRECTIVE ACTION

NRS 318.515 Procedurefor corrective action by board of county commissioners: Notification orpetition; hearing; adoption and challenge of ordinance or resolution.

1. Upon notification by the Department of Taxation orupon receipt of a petition signed by 20 percent of the qualified electors ofthe district, that:

(a) A district of which the board of countycommissioners is not the board of trustees is not being properly managed;

(b) The board of trustees of the district is notcomplying with the provisions of this chapter or with any other law; or

(c) The service plan established for the district isnot being complied with,

the board ofcounty commissioners of the county in which the district is located shall holda hearing to consider the notification or petition.

2. The county clerk shall mail written notice to allpersons who own property within the district and to all qualified electors ofthe district, which notice shall set forth the substance of the notification orpetition and the time and place of the hearing.

3. At the place, date and hour specified for thehearing, or at any subsequent time to which the hearing may be adjourned, theboard of county commissioners shall give full consideration to all personsdesiring to be heard and shall thereafter:

(a) Adopt an ordinance constituting the board of countycommissioners, ex officio, as the board of trustees of the district;

(b) Adopt an ordinance providing for the merger,consolidation or dissolution of the district pursuant to NRS 318.490 to 318.510, inclusive;

(c) File a petition in the district court for thecounty in which the district is located for the appointment of a receiver forthe district; or

(d) Determine by resolution that management andorganization of the district will remain unchanged.

4. The Department of Taxation or any interested personmay, within 30 days immediately following the effective date of the ordinanceadopted under paragraph (a) or resolution adopted under paragraph (d) ofsubsection 3, commence an action in any court of competent jurisdiction to setaside the ordinance or resolution. After the expiration of 30 days, all actionsattacking the regularity, validity and correctness of that ordinance orresolution are barred.

(Added to NRS by 1977, 523; A 1979, 802; 1989, 522)

EFFECT OF CHAPTER 542, STATUTES OF NEVADA 1967

NRS 318.520 Rightsand liabilities not affected by enactment. Chapter542, Statutes of Nevada 1967, shall not impair or affect any act done, offensecommitted or right accruing, accrued or acquired, or liability, penalty,forfeiture or punishment incurred prior to May 1, 1967, but the same may beenjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the sameextent as if chapter 542, Statutes of Nevada 1967, had not been passed.

(Added to NRS by 1967, 1710)

NRS 318.525 Reorganizationof governing bodies of certain districts; exercise of powers under chapter 318of NRS.

1. Chapter 542, Statutes of Nevada 1967, does notaffect the corporate existence nor the area included within the boundaries ofany district organized or reorganized before May 1, 1967, under any chapter intitle 25 of NRS, but the governing body of any such district (excluding anylocal improvement district organized or reorganized under the provisions of chapter 309 of NRS, any housing authority orother municipal corporation subject to the provisions of chapter 315 of NRS, and excluding any districtorganized or reorganized before May 1, 1967, under and already subject to theprovisions of this chapter 318 of NRS) shall reorganizeas provided in this chapter as amended by chapter 542, Statutes of Nevada 1967.

2. Any district organized or reorganized before May 1,1967, under and exercising powers as provided in any chapter in title 25 of NRS(excluding chapters 309, 315 and 318 ofNRS) shall operate under and exercise powers pertaining to each basic power forwhich the district is organized or reorganized as provided in chapter 318 of NRS, including without limitationthe provisions of the Special District Control Law to the extent it isapplicable by the terms thereof.

(Added to NRS by 1967, 1710; A 1985, 272)

NRS 318.530 Outstandingsecurities and contracts not affected or modified.

1. The adoption of chapter 542, Statutes of Nevada1967, shall not repeal or in any way affect or modify:

(a) Any law authorizing the issuance by any districtorganized or reorganized prior to May 1, 1967, under any chapter in title 25 ofNRS of any outstanding:

(1) General obligation bonds and other generalobligation securities payable from general (ad valorem) property taxes;

(2) General obligation bonds and other generalobligation securities payable from general (ad valorem) property taxes, thepayment of which securities is additionally secured by a pledge of and lien ondesignated revenues of such district;

(3) Revenue bonds and other securitiesconstituting special obligations and payable from designated revenues derivedby any such district;

(4) Special assessment bonds and othersecurities constituting special obligations and primarily payable from specialassessments levied by any such district; and

(5) Any other outstanding securities of any suchdistrict.

(b) Any other contract of any such district.

(c) Any law pursuant to which there has been levied byor on behalf of any such district and there have not been paid in full,including without limitation principal, any interest, and any penalties, thefollowing:

(1) General (ad valorem) property taxes;

(2) Special assessments; and

(3) Tolls, rates and charges pertaining to the facilitiesor services, or both facilities and services, furnished by any such district.

(d) The running of the statutes of limitations in forceon May 1, 1967.

2. All incomplete proceedings had and taken by anysuch district, under any law repealed by chapter 542, Statutes of Nevada 1967,preliminary to and in the acquisition or improvement of any project, thecreation of any special assessment district, the levy and collection of anyspecial assessment, or the issuance of any interim or temporary bond, or anydefinitive bond, which proceedings are in substantial compliance herewith, may,at the option of the board, be completed hereunder the same as if suchincomplete proceedings had been had and taken pursuant to the provisions ofthis chapter.

3. The adoption of chapter 542, Statutes of Nevada1967, shall not repeal or in any way affect or modify the power of a board ofdirectors of a district organized pursuant to chapter 311 of NRS prior toMay 1, 1967, concerning the borrowing of money or the acceptance of any grantof public or private money, which power was exercised prior to May 1, 1967.

(Added to NRS by 1967, 1710)

 

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