2005 Nevada Revised Statutes - Chapter 474 — County Fire Protection Districts

CHAPTER 474 - COUNTY FIRE PROTECTIONDISTRICTS

DISTRICTS CREATED BY ELECTION

General Provisions

NRS 474.005 Registrationof electors; list of registered voters; reimbursement for costs of conductingelection.

Formation

NRS 474.010 Territorywhich may be organized into district.

NRS 474.020 Petitionof property owners for formation of district; resolution of countycommissioners.

NRS 474.030 Notice:Heading; contents; publication.

NRS 474.040 Writtenobjections to formation of district; exclusion of territory.

NRS 474.050 Inclusionof territory within proposed district.

NRS 474.060 Proceedingsat hearing.

NRS 474.070 Creationof election precincts; election of directors.

NRS 474.080 Noticeof election: Contents; publication.

NRS 474.100 Personsentitled to vote; voting by proxy.

NRS 474.110 Canvassof votes; order on favorable vote declaring district organized and directorselected.

NRS 474.120 Filingand distribution of copies of order; when organization of district complete.

 

Board of Directors

NRS 474.130 Termsof office; designation by lot; nonpartisan office.

NRS 474.140 Electionprocedure following first election.

NRS 474.145 Vacancies.

NRS 474.150 Presidentand secretary of board.

NRS 474.155 Compensationof directors.

NRS 474.160 Generalpowers and duties.

NRS 474.170 Medium-termobligations.

NRS 474.180 Acquisitionand operation of ambulance; purchase of insurance; employment of trainedpersonnel.

 

Finance and Taxation

NRS 474.190 Preparationof annual budgets; limitation on tax levy; proration of tax.

NRS 474.200 Levy,collection and use of taxes.

NRS 474.210 Paymentof claims against district.

 

Bonds

NRS 474.220 Issuanceand sale of bonds for certain purposes; applicability of section prescribinglimit on indebtedness.

NRS 474.300 Levyand collection of tax; use of tax for principal and interest.

NRS 474.310 Faithof State of Nevada pledged.

 

Title to Property

NRS 474.320 Titleto property vested in district.

 

Annexation

NRS 474.325 Procedure.

NRS 474.335 Petition:Contents; signatories; publication of notice.

NRS 474.345 Notice:Contents.

NRS 474.355 Petitionersto advance estimated costs of proceedings.

NRS 474.365 Hearing.

NRS 474.375 Paymentsby petitioners as condition precedent to annexation.

NRS 474.385 Election.

NRS 474.395 Findingsby board following election; inclusion of territory.

 

Dissolution

NRS 474.410 Authorityto dissolve.

NRS 474.420 Petitionof property owners for dissolution; election.

NRS 474.430 Procedureon favorable vote for dissolution; when dissolution complete.

NRS 474.440 Levyof taxes for payment of outstanding or bonded indebtedness after dissolution.

NRS 474.450 Dispositionof property on dissolution.

DISTRICTS CREATED BY BOARD OF COUNTY COMMISSIONERS

NRS 474.460 Organizationof district in unincorporated areas; powers, governing body and officers ofdistrict.

NRS 474.470 Dutiesof board of fire commissioners.

NRS 474.480 Coordinationof protective activities; duties of State Forester Firewarden.

NRS 474.490 Cooperationwith agencies to prevent and suppress fires in wild lands; authorizedexpenditures.

NRS 474.500 Districtfire chief: Appointment, qualifications and duties; cooperative agreements;support of volunteer fire departments.

NRS 474.510 Preparationof budget; levy of tax by board of county commissioners; deposit of money inoperating and emergency funds; limit on amount in emergency fund.

NRS 474.511 Acquisitionof properties by district.

NRS 474.512 Issuanceof bonds and other securities for acquisition of property.

NRS 474.514 Limiton indebtedness.

NRS 474.515 Levyand collection of tax to pay principal and interest on general obligations;applicability of Local Government Securities Law.

NRS 474.520 Dissolutionof districts created by election; territory subject to control by countycommissioners; retention and use of property.

NRS 474.530 Dissolutionof district organized pursuant to chapter 473of NRS or exclusion of portions.

NRS 474.535 Reorganizationinto district created by election.

NRS 474.540 Activitiesof district to be separate from activities of other political subdivisions.

MISCELLANEOUS PROVISIONS

NRS 474.550 Liabilityof person causing fire.

NRS 474.560 Reorganizationof district as general improvement district to furnish facilities forprotection from fire.

NRS 474.570 Dissolutionof district which is entirely within boundaries of district for county firedepartment.

NRS 474.580 Eliminationof fire hazards.

_________

DISTRICTS CREATED BY ELECTION

General Provisions

NRS 474.005 Registrationof electors; list of registered voters; reimbursement for costs of conductingelection.

1. Any person residing within a county fire protectiondistrict who is otherwise qualified to vote at general elections in this statemay register to vote in the biennial elections and other elections of thedistrict by appearing before the county clerk or registrar of voters of thecounty in which the district is located and completing an application toregister to vote in accordance with the general election laws of this state. Registrationfor a district election which is not held simultaneously with a generalelection must close at 5 p.m. of the fifth Friday preceding the districtelection and registration offices must be open from 9 a.m. to 5 p.m., excludingSaturdays, during the last days before the close of registration. If a personresiding within a district is otherwise registered to vote, new registrationfor 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 reimbursement for the actual costsof conducting the districts election. All money so received must be depositedto the credit of the general fund of the county.

(Added to NRS by 1983, 848; A 1995, 2282)

Formation

NRS 474.010 Territorywhich may be organized into district. Contiguousunincorporated territory lying within one or more counties and not included inany other fire protection district, and not including timberland patrolled bythe United States Forest Service or in accordance with the rules andregulations of the United States Forest Service, may be formed into a countyfire protection district in the manner and under the proceedings set forth in NRS 474.010 to 474.450, inclusive.

[1:121:1937; A 1947, 455; 1943 NCL 1929.01]

NRS 474.020 Petitionof property owners for formation of district; resolution of countycommissioners.

1. When 25 percent or more of the holders of title orevidence of title to lands lying in one body, whose names appear as such uponthe last county assessment roll, shall present a petition to the board ofcounty commissioners of the county in which the land or the greater portionthereof lies, setting forth the exterior boundaries of the proposed districtand asking that the district so described be formed into a county fireprotection district under the provisions of NRS474.010 to 474.450, inclusive, theboard of county commissioners shall pass a resolution declaring the boardsintention to form or organize such territory into a county fire protectiondistrict, naming the district and describing its exterior boundaries.

2. The resolution shall:

(a) Fix a time and place for the hearing of the matternot less than 30 days after its adoption.

(b) Direct the clerk of the board of countycommissioners to publish the notice of intention of the board of countycommissioners to form such county fire protection district, and of the time andplace fixed for the hearing, and shall designate that publication shall be insome newspaper of general circulation published in the county and circulated inthe proposed county fire protection district, or if there is no newspaper sopublished and circulated then in some newspaper of general circulation circulatedin the proposed district.

[Part 2:121:1937; 1931 NCL 1929.02]

NRS 474.030 Notice:Heading; contents; publication. The noticeshall:

1. Be headed Notice of the proposed formation of fireprotection district in ............................ County (stating the name ofthe proposed district and the name of the county or, if there be more than one,the name of the counties in which the proposed district is located).

2. State the fact that the board of countycommissioners of the county has fixed the time and place (which shall be statedin the notice) for a hearing on the matter of the formation of a county fireprotection district.

3. Describe the territory or shall specify theexterior boundaries of the territory proposed to be organized into a fireprotection district, which boundaries, so far as practicable, shall be thecenterlines of highways.

4. Be published once a week for 2 successive weeksprior to the time fixed for the hearing in the newspaper designated by theboard of county commissioners.

[Part 2:121:1937; 1931 NCL 1929.02]

NRS 474.040 Writtenobjections to formation of district; exclusion of territory.

1. At the time fixed for the hearing of the matter, orat any time prior thereto, any person interested may file with the clerk of theboard written objections to the formation of the district.

2. At the time fixed for the hearing, or to which thehearing may be adjourned, the board of county commissioners shall hear theobjections filed, if any, and pass upon the same.

3. The board may, in its discretion, sustain any orall of the objections filed and may change or alter the boundaries of suchproposed district to conform to the needs of the district and to excludetherefrom any land that will not be benefited by the formation of such adistrict. Except as provided in NRS 474.010to 474.450, inclusive, the board shallnot include therein any territory not included in the boundaries mentioned inthe petition.

[Part 3:121:1937; 1931 NCL 1929.03]

NRS 474.050 Inclusionof territory within proposed district. Anyowner of lands adjacent to the borders of the proposed district may, by hiswritten application therefor filed with the board of county commissioners at orbefore the time of the hearing of the petition, in the discretion of the board,have such lands included within such proposed district.

[Part 3:121:1937; 1931 NCL 1929.03]

NRS 474.060 Proceedingsat hearing. Upon the hearing of the petition,the board of county commissioners shall determine whether or not the petitioncomplies with the requirements and purposes of NRS 474.010 to 474.450, inclusive, and must hear allcompetent and relevant testimony offered in support or in objection thereto.The board shall, by resolution, determine whether or not such a proposeddistrict shall be formed and such determination shall be entered upon theminutes of the board of county commissioners.

[Part 3:121:1937; 1931 NCL 1929.03]

NRS 474.070 Creationof election precincts; election of directors.

1. Except as otherwise provided in subsection 2, when,pursuant to the provisions of NRS 474.040,474.050 and 474.060, the boundaries of the proposeddistrict are defined and established by the board, the board of countycommissioners shall make an order dividing the proposed district into three orfive divisions as nearly equal in size as practicable. The divisions must benumbered consecutively and constitute election precincts for the district.

2. When or after the boundaries of a district areestablished, the board of county commissioners may provide for the election ofthree or five directors at large, without precincts.

3. If precincts are created, each director must be aresident of the election precinct for which he is elected and must be electedat large by the district.

[4:121:1937; A 1947, 455; 1943 NCL 1929.04](NRS A1977, 7; 1993, 521; 1995, 989)

NRS 474.080 Noticeof election: Contents; publication.

1. The board of county commissioners shall submit thequestion of whether the proposed district shall be organized pursuant to theprovisions of NRS 474.010 to 474.450, inclusive, to the electors of theproposed district at the next primary or general election.

2. The notice must:

(a) Designate a name for the proposed district.

(b) Describe the boundaries of the precinctsestablished therein, when more than one, together with a designation of thepolling places and board of election for each precinct.

(c) Be published once a week for at least 3 weeksprevious to the election in a newspaper published or circulated within theboundaries of the proposed district and published within the county in whichthe petition for the organization of the district was presented.

(d) Require the electors to cast ballots, which mustcontain the words: ........................ County fire protectiondistrictYes, or ........................ County fire protectiondistrictNo, or words equivalent thereto, and also the names of one or morepersons (according to the division of the proposed district as prayed for inthe petition and ordered by the board) to be voted for to fill the office ofdirector.

[Part 5:121:1937; 1931 NCL 1929.05](NRS A 1993,1080)

NRS 474.100 Personsentitled to vote; voting by proxy.

1. Every qualified elector within the district mayvote either in person or by proxy at any election held by the district.

2. No person may vote by proxy unless his proxy tocast his vote is evidenced by an instrument in writing duly acknowledged beforea notary public and filed with the board of election.

[Part 5:121:1937; 1931 NCL 1929.05](NRS A 1977, 7)

NRS 474.110 Canvassof votes; order on favorable vote declaring district organized and directorselected.

1. The election having been held, the board of countycommissioners shall, on the first Monday succeeding such election, if then insession, or at its next succeeding general or special session, proceed tocanvass the votes cast thereat.

2. If upon such canvass it appears that a majority ofall votes cast in the district (and in each portion of the counties included inthe district in case lands in more than one county are included therein) are infavor of the formation of the district, the board shall, by an order entered inits minutes, declare:

(a) Such territory duly organized as a county fireprotection district under the name theretofore designated; and

(b) The persons receiving, respectively, the highestnumber of votes for the directors to be duly elected to such offices.

[Part 6:121:1937; 1931 NCL 1929.06]

NRS 474.120 Filingand distribution of copies of order; when organization of district complete.

1. The board shall then cause a copy of such order,duly certified by the clerk of the board of county commissioners, to beimmediately filed for record in the office of the county recorder of any countyin which any portion of the lands embraced in such district are situated, andmust also immediately forward a copy thereof to the clerk of the board ofcounty commissioners of each of such counties.

2. No board of county commissioners of the countyshall, after the date of the organization of the district, allow another fireprotection district to be formed, including any portion of such lands, withoutthe consent of the owners thereof.

3. From and after such filing, the organization of thedistrict shall be complete.

[Part 6:121:1937; 1931 NCL 1929.06]

Board of Directors

NRS 474.130 Termsof office; designation by lot; nonpartisan office.

1. The directors elected at the election organizingthe district shall immediately enter upon their duties. At the first meeting,the first board of directors shall so classify themselves by lot that aminority of their number go out of office on the first Monday in Januaryfollowing the next succeeding biennial election, and the remainder of theirnumber on the first Monday in January following the second succeeding biennialelection.

2. Thereafter, directors shall hold their offices forterms of 4 years from and after the first Monday in January following theirelection and until their successors are elected and qualified.

3. The office of director is a nonpartisan office.

[Part 7:121:1937; A 1951, 144](NRS A 1963, 515;1983, 848; 1993, 522)

NRS 474.140 Electionprocedure following first election.

1. Except as otherwise provided in subsection 2:

(a) At the next general election and in conjunctiontherewith after the organization of any district, and in conjunction with everygeneral election thereafter, an election, to be known as the biennial electionof the district, must be held.

(b) The general election laws of this state govern thenomination and election of the members of the board of directors. The electionmust be conducted under the supervision of the county clerk or registrar ofvoters. The returns of the election must be certified to and canvassed asprovided by the general law concerning elections. The candidate or candidates,according to the number of directors to be elected, receiving the most votes,are elected. Any new member of the board must qualify in the same manner asmembers of the first board qualify.

2. If at 5 p.m. on the last day for filing adeclaration of candidacy or an acceptance of candidacy for the office ofdirector, there is only one candidate nominated for the office, that candidatemust be declared elected and no election may be held for that office.

[Part 7:121:1937; A 1951, 144](NRS A 1963, 516;1983, 849; 1993, 301)

NRS 474.145 Vacancies.

1. If a vacancy occurs on the board of directors of acounty fire protection district, the remaining directors shall fill the vacancyby appointing a qualified elector to serve during the rest of the term anduntil his successor is elected and qualified.

2. If the remaining directors fail or refuse toappoint a new director within 30 days after the vacancy occurs, the board ofcounty commissioners shall appoint a person to fill the vacancy.

(Added to NRS by 1983, 848)

NRS 474.150 Presidentand secretary of board. The directors shallorganize as a board, elect a president from their number and appoint asecretary, who shall each hold office during the pleasure of the board.

[Part 7:121:1937; A 1951, 144]

NRS 474.155 Compensationof directors.

1. Each member of the board of directors of a countyfire protection district established pursuant to NRS 474.010 to 474.450, inclusive, is entitled to receiveas compensation for his services a sum to be determined by the board, but notin excess of $3,600 per year. The compensation must be paid on a monthly basis.

2. A member of the board of directors shall notreceive any compensation as an employee of the district other than thatprovided in subsection 1.

(Added to NRS by 1975, 899; A 1993, 522)

NRS 474.160 Generalpowers and duties. The board of directors shall:

1. Manage and conduct the business and affairs of thedistrict.

2. Make and enforce all rules and regulationsnecessary for the administration and government of the district and for thefurnishing of fire protection thereto, which may include regulations relatingto fire prevention. The regulations may include provisions that are designed toprotect life and property from:

(a) The hazards of fire and explosion resulting fromthe storage, handling and use of hazardous substances, materials and devices;and

(b) Hazardous conditions relating to the use oroccupancy of any premises.

Anyregulation concerning hazardous substances, materials or devices adoptedpursuant to this section must be consistent with any plan or ordinanceconcerning such substances, materials or devices that is required by theFederal Government and has been adopted by a board of county commissioners.

3. Organize, regulate, establish and disband firecompanies, departments or volunteer fire departments for the district.

4. Make and execute in the name of the district allnecessary contracts.

5. Adopt a seal for the district to be used in theattestation of proper documents.

6. Provide for the payment from the proper fund of allthe debts and just claims against the district.

7. Employ agents and employees for the districtsufficient to maintain and operate the property acquired for the purposes ofthe district.

8. Acquire real or personal property necessary for thepurposes of the district and dispose of that property when no longer needed.

9. Construct any necessary structures.

10. Acquire, hold and possess, either by donation orpurchase, in the name and on behalf of the district any land or other propertynecessary for the purpose of the district.

11. Eliminate and remove fire hazards within thedistrict wherever practicable and possible, whether on private or publicpremises, and to that end the board may clear the public highways and privatelands of dry grass, stubble, brush, rubbish or other inflammable material inits judgment constituting a fire hazard.

12. Perform all other acts necessary, proper andconvenient to accomplish the purposes of NRS474.010 to 474.450, inclusive.

[8:121:1937; 1931 NCL 1929.08](NRS A 1989, 1087;1991, 381; 1993, 522)

NRS 474.170 Medium-termobligations. The board of directors has thepowers and duties with respect to medium-term obligations provided in chapter 350 of NRS.

[8.1:121:1937; added 1955, 32](NRS A 1965, 749;1973, 18; 1995, 1827)

NRS 474.180 Acquisitionand operation of ambulance; purchase of insurance; employment of trainedpersonnel. The board of directors may purchase,acquire by donation or otherwise, lease, operate and maintain ambulanceswhenever necessary, and may take out liability and other insurance therefor.The board of directors may employ trained personnel to operate these vehicles.

[8.5:121:1937; added 1955, 431]

Finance and Taxation

NRS 474.190 Preparationof annual budgets; limitation on tax levy; proration of tax.

1. Subject to the provisions of subsection 2, theboard of directors of each county fire protection district shall prepare annualbudgets in accordance with NRS 354.470to 354.626, inclusive.

2. The amount of money to be raised for the purpose ofestablishing, equipping and maintaining the district with fire-fightingfacilities shall not in any 1 year exceed 1 percent of the assessable propertywithin the district.

3. In determining the tax to be levied to raise theamount of money required by such budget within such limitation, the board ofcounty commissioners shall prorate 80 percent of the amount of the tax upon theassessed value of improvements and personal property upon each parcel of landand 20 percent upon the assessed value of each parcel of land, if upon theformation of the district a provision for such procedure was included in thenotice to create the district approved by the property owners, or if a petitionrequesting such procedure, signed by not less than a majority of the propertyowners within the district, is presented to the board prior to January 20.

[Part 10:121:1937; 1931 NCL 1929.10](NRS A 1965,310, 749; 1969, 892)

NRS 474.200 Levy,collection and use of taxes.

1. At the time of making the levy of county taxes forthat year, the boards of county commissioners shall levy the tax certified uponall property, both real and personal, subject to taxation within the boundariesof the district. Any tax levied on interstate or intercounty telephone lines,power lines and other public utility lines as authorized in this section mustbe based upon valuations as established by the Nevada Tax Commission pursuantto the provisions of NRS 361.315 to 361.330, inclusive.

2. When levied, the tax must be entered upon theassessment rolls and collected in the same manner as state and county taxes.

3. When the tax is collected it must be placed in thetreasury of the county in which the greater portion of the district is located,to the credit of the current expense fund of the district, and may be used onlyfor the purpose for which it was raised.

[Part 10:121:1937; 1931 NCL 1929.10](NRS A 1963,480; 1965, 310; 1967, 1111; 1969, 613; 1971, 265; 1979, 552; 1983, 1197; 1989,49)

NRS 474.210 Paymentof claims against district. All accounts,bills and demands against the district must be audited, allowed and paid by theboard of directors by warrants drawn on the county treasurer or the treasurerof the district. The county treasurer or, if authorized by the board of countycommissioners and the board of directors, the treasurer of the district shallpay them in the order in which they are presented.

[Part 10:121:1937; 1931 NCL 1929.10](NRS A 2001, 361)

Bonds

NRS 474.220 Issuanceand sale of bonds for certain purposes; applicability of section prescribinglimit on indebtedness.

1. The board of directors of any county fireprotection district formed under the provisions of NRS 474.010 to 474.450, inclusive, may prepare, issue andsell bonds to provide money for the purchase of fire-fighting equipment, theacquisition of property, the construction of buildings and improvement ofdistrict-owned property for use in that county fire protection district.

2. The provisions of NRS474.514 apply to a county fire protection district specified in subsection1.

[1:182:1945; A 1949, 649; 1953, 58](NRS A 2001, 362)

NRS 474.300 Levyand collection of tax; use of tax for principal and interest.

1. In any county fire protection district availingitself of the privileges of this section and NRS474.220 and 474.310, the board ofdirectors of such district annually shall determine the tax necessary for thepayment of interest and principal of such bonds.

2. The amount of the tax shall be certified to theboards of county commissioners of the counties in which any portion of thedistrict is located, and such board of county commissioners shall, at the timeof making the levy of county taxes for that year, levy the tax certified uponall the real property, together with the improvements thereon, in the district.

3. When levied, the tax shall be entered on theassessment rolls and collected in the same manner as state and county taxes.

4. When the tax is collected it shall be placed in thetreasury of the county in which the greater portion of the district is locatedin a special fund for the payment of principal and interest of the bonds.Payments therefrom shall be made according to the terms of the bonds.

[5:182:1945; 1943 NCL 1929.134]

NRS 474.310 Faithof State of Nevada pledged. The faith of theState of Nevada is pledged that this section and NRS 474.220 and 474.300 shall not be repealed nor thetaxation thereby imposed be omitted until all the bonds and coupons issuedthereunder and by virtue thereof shall have been paid in full as specified inthis section and NRS 474.220 and 474.300.

[6:182:1945; 1943 NCL 1929.135]

Title to Property

NRS 474.320 Titleto property vested in district. The title toall property which may have been acquired for a county fire protection districtcreated under the provisions of NRS 474.010to 474.450, inclusive, shall be vestedin the district.

[Part 9:121:1937; 1931 NCL 1929.09]

Annexation

NRS 474.325 Procedure. The boundaries of any county fire protection districtformed under NRS 474.010 to 474.450, inclusive, may be altered and newterritory annexed thereto, incorporated and included therein, and made a partthereof in the manner provided in NRS474.335 to 474.395, inclusive.

(Added to NRS by 1967, 1612)

NRS 474.335 Petition:Contents; signatories; publication of notice. Theboard of directors of any such district, upon receiving a written petition forannexation containing a description of the territory proposed to be annexed(which territory shall be contiguous to the district), and signed by not lessthan 20 percent of the holders of title or evidence of title to lands withinthe territory proposed to be annexed, and whose names appear as such on thelast preceding county assessment roll, shall cause a notice of filing of suchpetition to be published in the same manner and for the same time as isrequired for notices of the proposed formation of a county fire protectiondistrict under NRS 474.010 to 474.450, inclusive.

(Added to NRS by 1967, 1612)

NRS 474.345 Notice:Contents.

1. The notice shall:

(a) State the filing of the petition and the names ofthe petitioners.

(b) Describe the lands mentioned in the petition and inthe prayer of the petition.

(c) Notify all persons interested in or who may beaffected by such change of the boundaries of the district to appear at theoffices of the board, at a time named in the notice, and show cause in writing,if any they have, why the proposed change in boundaries should not be made.

2. The time specified in the notice at which theyshall be required to show cause shall be the regular meeting of the board nextafter the expiration of time for the publication of the notice.

(Added to NRS by 1967, 1612)

NRS 474.355 Petitionersto advance estimated costs of proceedings. Thepetitioners shall advance to the board sufficient money to pay the estimatedcosts of all proceedings.

(Added to NRS by 1967, 1612)

NRS 474.365 Hearing.

1. At the time and place mentioned in the notice, orat such other time or times to which the hearing of the petition may beadjourned, the board of directors shall proceed to hear the petition and all objectionsthereto presented in writing by any interested persons, who shall be holders oftitle or evidence of title to lands within the district or within the territoryproposed to be annexed.

2. At the hearing, the board of directors shall hearand determine all objections and shall exclude all lands within the territoryproposed to be annexed which will not be benefited by inclusion in thedistrict.

(Added to NRS by 1967, 1612)

NRS 474.375 Paymentsby petitioners as condition precedent to annexation. Theboard of directors to whom such petition is presented may require, as acondition precedent to the granting of the same, that the petitioners shallseverally pay to the district such respective sums as nearly as the same can beestimated (the several amounts to be determined by the board), as suchpetitioners or their grantors would have been required to pay the district astaxes had such lands been included in the district at the time the same wasoriginally formed.

(Added to NRS by 1967, 1613)

NRS 474.385 Election.

1. If the board of directors deems it in the bestinterest of the district that the boundaries of the district be changed asproposed or as altered by the exclusion of lands not benefited, the board shallsubmit the question of the change in boundaries at the next primary or generalelection to be held in the district, and at the primary or general election tobe held at the same time within the territory to be annexed.

2. Notice of the elections must be given in the samemanner as that prescribed for annual elections of directors. The notice ofelection must describe the proposed change of the boundaries in such manner andterms that it can readily be traced.

3. The ballots cast at the election must contain thewords For change of boundary, or Against change of boundary, or wordsequivalent thereto.

4. The qualifications for voters must be the same asfor other elections in the district, and votes by proxy must be allowed as insuch other elections.

(Added to NRS by 1967, 1613; A 1993, 1080)

NRS 474.395 Findingsby board following election; inclusion of territory.

1. The returns of the votes cast in the outsideterritory proposed to be annexed and in the district shall be canvassedseparately, and the board of directors shall cause a record of the canvass tobe made and entered in its minutes.

2. If it appears from such canvass that a majority ofthe votes cast in the district and in the territory proposed to be annexed arein favor of the change in boundary, the board shall so find. Upon the filing ofa certified copy of such findings, under seal of the district, in the office ofthe county recorder, the territory shall be a part of the district.

(Added to NRS by 1967, 1613)

Dissolution

NRS 474.410 Authorityto dissolve. Any county fire protectiondistrict may be dissolved by the board of county commissioners which formed itas provided in NRS 474.420, 474.430 and 474.440.

[Part 11:121:1937; 1931 NCL 1929.11]

NRS 474.420 Petitionof property owners for dissolution; election. Uponreceiving a petition signed by 25 percent of the owners of land within thedistrict, requesting the dissolution thereof, the board of county commissionersshall, by resolution, submit the question of whether the district shall bedissolved at the next primary or general election.

[Part 11:121:1937; 1931 NCL 1929.11](NRS A 1993,1080)

NRS 474.430 Procedureon favorable vote for dissolution; when dissolution complete.

1. If it appears that a majority of the owners of landvoting at the election have voted in favor of dissolution, the board ofdirectors of the district shall:

(a) Cause such facts to be entered upon its minutes.

(b) Forward a copy of such entry to the board of countycommissioners of the county in which the district is situated.

(c) Record a copy of such entry with the countyrecorder.

2. On and after filing and recording, the districtshall be deemed dissolved.

[Part 11:121:1937; 1931 NCL 1929.11]

NRS 474.440 Levyof taxes for payment of outstanding or bonded indebtedness after dissolution. If at the time of the dissolution of the district thereshall be any outstanding or bonded indebtedness of the district, then taxes forthe payment of such bonds or other indebtedness shall be levied and collectedthe same as if the district had not been dissolved and disincorporated, but forall other purposes the district shall be deemed dissolved from the time of thefiling of the copy of the entry with the clerk of the board of countycommissioners and the recording of the copy of such entry with the countyrecorder.

[Part 11:121:1937; 1931 NCL 1929.11]

NRS 474.450 Dispositionof property on dissolution. Whenever anycounty fire protection district shall be dissolved, all property thereof shallbe subject to the provisions of NRS 474.520.

[Part 9:121:1937; 1931 NCL 1929.09](NRS A 1965,25)

DISTRICTS CREATED BY BOARD OF COUNTY COMMISSIONERS

NRS 474.460 Organizationof district in unincorporated areas; powers, governing body and officers ofdistrict.

1. All territory in each county not included in anyother fire protection district, except incorporated areas, may be organized byordinance by the board of county commissioners of the county in which suchterritory lies into as many fire protection districts as necessary to providefor the prevention and extinguishment of fires in the county, until such timeas such territory may be included in another fire protection district formed inaccordance with the provisions of chapter 473 ofNRS, or NRS 474.010 to 474.450, inclusive.

2. Each such district shall:

(a) Be a body corporate and politic;

(b) Be a political subdivision of the state; and

(c) Have perpetual existence unless dissolved asprovided in this chapter.

3. Each such district may:

(a) Have and use a corporate seal;

(b) Sue and be sued, and be a party to suits, actionsand proceedings;

(c) Arbitrate claims; and

(d) Contract and be contracted with.

4. The board of county commissioners of the countyorganizing each such district shall ex officio be the governing body of eachsuch district. The governing body shall be known as the board of firecommissioners.

5. The chairman of the board of county commissionersshall ex officio be chairman of each such district.

6. The county clerk shall ex officio be clerk of eachsuch district.

7. The county treasurer shall ex officio be treasurer ofeach such district.

(Added to NRS by 1963, 324; A 1967, 964; 1975, 1635)

NRS 474.470 Dutiesof board of fire commissioners. The board offire commissioners shall:

1. Manage and conduct the business and affairs ofdistricts organized pursuant to the provisions of NRS 474.460.

2. Promulgate and enforce all regulations necessaryfor the administration and government of the districts and for the furnishingof fire protection.

3. Organize, regulate, establish and disband firecompanies, departments or volunteer fire departments for the districts.

4. Provide for the payment of salaries to thepersonnel of such fire companies or fire departments.

5. Provide for payment from the proper fund of all thedebts and just claims against the districts.

6. Employ agents and employees for the districtssufficient to maintain and operate the property acquired for the purposes ofthe districts.

7. Acquire real or personal property necessary for thepurposes of the districts and dispose of the same when no longer needed.

8. Construct any necessary structures.

9. Acquire, hold and possess, either by donation orpurchase, any land or other property necessary for the purpose of thedistricts.

10. Eliminate and remove fire hazards from thedistricts wherever practicable and possible, whether on private or publicpremises, and to that end the board of fire commissioners may clear the publichighways and private lands of dry grass, stubble, brush, rubbish or otherinflammable material in its judgment constituting a fire hazard.

11. Perform all other acts necessary, proper andconvenient to accomplish the purposes of NRS474.460 to 474.540, inclusive.

(Added to NRS by 1963, 324; A 1975, 1635; 1991, 382)

NRS 474.480 Coordinationof protective activities; duties of State Forester Firewarden.

1. The board of fire commissioners shall plan for theprevention and extinguishment of fires in the territory of the county describedby NRS 474.460, in cooperation with theState Forester Firewarden to coordinate the fire protection activities of thedistricts with the fire protection provided by the Division of Forestry of theState Department of Conservation and Natural Resources and by federal agencies,in order that the State Forester Firewarden may establish a statewide plan forthe prevention and control of large fires, mutual aid among the districts,training of personnel, supply, finance and other purposes to promote fireprotection on a statewide basis.

2. Through inspection and recommendation, the StateForester Firewarden shall standardize the fire protection equipment andfacilities of the districts to facilitate mutual aid among the districts.

(Added to NRS by 1963, 324; A 1975, 1636; 1977, 1147)

NRS 474.490 Cooperationwith agencies to prevent and suppress fires in wild lands; authorizedexpenditures. The board of fire commissionersshall cooperate with other agencies as provided in NRS 472.040 to 472.090, inclusive, to prevent and suppressfires in wild lands, and may contribute suitable amounts of money from the sumsraised as provided in NRS 474.510 forsuch purpose to cooperating agencies, or may receive contributions from otheragencies to be spent for such purpose.

(Added to NRS by 1963, 325; A 1975, 1636)

NRS 474.500 Districtfire chief: Appointment, qualifications and duties; cooperative agreements;support of volunteer fire departments.

1. The board of fire commissioners may appoint adistrict fire chief who shall have adequate training and experience in firecontrol and who shall hire such employees as are authorized by the board. Thedistrict fire chief shall administer all fire control laws in the territory ofthe county described by NRS 474.460 andperform such other duties as may be designated by the board of fire commissionersand the State Forester Firewarden. The district fire chief shall coordinatefire protection activities in the district and shall cooperate with all otherexisting fire protection agencies and with the State Forester Firewarden forthe standardization of equipment and facilities.

2. In lieu of or in addition to the provisions ofsubsection 1, the board of fire commissioners may:

(a) Provide the fire protection required by NRS 474.460 to 474.540, inclusive, to the districts byentering into agreements with other agencies as provided by NRS 472.060 to 472.090, inclusive, and 277.180, for the furnishing of suchprotection to the districts; or

(b) Support volunteer fire departments within districtsorganized under the provisions of NRS474.460 to 474.540, inclusive, forthe furnishing of such protection to the districts.

(Added to NRS by 1963, 325; A 1965, 1335; 1975, 1636)

NRS 474.510 Preparationof budget; levy of tax by board of county commissioners; deposit of money inoperating and emergency funds; limit on amount in emergency fund.

1. The board of fire commissioners shall prepare abudget for each district organized in accordance with NRS 474.460, estimating the amount of moneywhich will be needed to defray the expenses of the district and to meetunforeseen fire emergencies, and to determine the amount of a fire protectiontax sufficient, together with the revenue which will result from application ofthe rate to the net proceeds of minerals, to raise such sums.

2. At the time of making the levy of county taxes forthe year, the board of county commissioners shall levy the tax provided bysubsection 1, upon all property, both real and personal, subject to taxationwithin the boundaries of the district. Any tax levied on interstate orintercounty telephone lines, power lines and other public utility lines asauthorized in this section must be based upon valuations established by theNevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

3. The amount of tax to be collected for the purposesof this section must not exceed, in any 1 year, 1 percent of the value of the propertydescribed in subsection 2 and any net proceeds of minerals derived from withinthe boundaries of the district.

4. If levied, the tax must be entered upon theassessment roll and collected in the same manner as state and county taxes.Taxes may be paid in four approximately equal installments at the timesspecified in NRS 361.483 and the samepenalties as specified in NRS 361.483must be added for failure to pay the taxes.

5. For the purposes of NRS 474.460 to 474.550, inclusive, the county treasurershall keep two separate funds for each district, one to be known as thedistrict fire protection operating fund and one to be known as the districtfire emergency fund. The sums collected to defray the expenses of any districtorganized pursuant to NRS 474.460 mustbe deposited in the district fire protection operating fund, and the sumscollected to meet unforeseen emergencies must be deposited in the district fireemergency fund. The district fire emergency fund must be used solely foremergencies and must not be used for regular operating expenses. The moneydeposited in the district fire emergency fund must not exceed the sum of$1,000,000. Any interest earned on the money in the district fire emergencyfund that causes the balance in that fund to exceed $1,000,000 must be creditedto the district fire protection operating fund.

(Added to NRS by 1963, 325; A 1967, 965; 1975, 1637;1989, 49; 1999, 203;2001, 362; 2005, 526)

NRS 474.511 Acquisitionof properties by district. Any districtorganized pursuant to NRS 474.460,acting by and through the board of fire commissioners, by resolution may at anytime or from time to time acquire:

1. A system of waterworks, hydrants and supplies ofwater.

2. Telegraphic signals for fire and telephone,telegraph, radio and television service.

3. Fire engines and other vehicles.

4. Hooks, ladders, chutes, buckets, gauges, meters, hoses,pumps, fire extinguishers, fans and artificial lights.

5. Respirators, rescue equipment, medical supplies andequipment, other apparatus for fire fighting and protection from fire, andother appurtenances.

6. Fixtures, structures, stations, other buildings andsites therefor.

7. Land, interests in land, and improvements thereonfor firebreaks and other protection from fire.

8. Appurtenances and incidentals necessary, useful ordesirable for any such facilities, including all types of property therefor.

9. Any combination of the properties provided in thissection.

(Added to NRS by 1967, 966; A 1975, 1637; 1985, 1703)

NRS 474.512 Issuanceof bonds and other securities for acquisition of property. For the purpose of defraying the cost of the acquisitionof any properties authorized by NRS 474.511,the board of fire commissioners, on the behalf and in the name of any districtorganized pursuant to NRS 474.460, may,by resolution, at any time or from time to time, borrow money, otherwise becomeobligated, and evidence or reevidence such obligations by the issuance of bondsand other municipal securities payable from general (ad valorem) taxes andconstituting general obligations of the district, as provided in the LocalGovernment Securities Law, subject to the limitations therein and in NRS 474.514.

(Added to NRS by 1967, 966; A 1975, 1638; 1981, 964)

NRS 474.514 Limiton indebtedness. No indebtedness, as definedin NRS 350.586, including outstandingindebtedness, shall be incurred by any district organized pursuant to NRS 474.460 in an aggregate principalamount exceeding 5 percent of the total last assessed valuation of taxableproperty (excluding motor vehicles and cattle) situated within the district.

(Added to NRS by 1967, 967; A 1969, 613)

NRS 474.515 Levyand collection of tax to pay principal and interest on general obligations;applicability of Local Government Securities Law.

1. An annual general (ad valorem) tax must be leviedupon all property, both real and personal, subject to taxation within thedistrict and collected by the district sufficient to pay the interest on andthe principal of the general obligation securities of the district as the same becomedue.

2. The proceeds of the taxes are speciallyappropriated to the payment of principal and interest.

3. Such appropriation must not be repealed nor thetaxes postponed or diminished until the principal and interest have been whollypaid.

4. The payment of securities, the levy of taxes, andthe appropriation of the proceeds thereof must be in the manner delineated in NRS 350.592 to 350.602, inclusive, and other provisions ofthe Local Government Securities Law supplemental thereto.

(Added to NRS by 1967, 967; A 1969, 613; 1983, 1198)

NRS 474.520 Dissolutionof districts created by election; territory subject to control by countycommissioners; retention and use of property. Upondissolution of any fire protection district organized under NRS 474.010 to 474.450, inclusive, as provided by NRS 474.410 to 474.450, inclusive, the territory formerlyincluded in such district shall be subject to the provisions of NRS 474.460 to 474.540, inclusive. The property of suchdissolved fire protection district shall be retained by the board of countycommissioners for use for fire protection purposes in the territory of thedissolved district.

(Added to NRS by 1963, 326; A 1965, 25)

NRS 474.530 Dissolutionof district organized pursuant to chapter 473 of NRS or exclusion ofportions.

1. Where 25 percent of the property owners in a fireprotection district or a designated portion of a fire protection districtorganized as provided in chapter 473 of NRSpetition the State Forester Firewarden to dissolve the district or to excludethe designated portion thereof and to place the territory of the district ordesignated portion thereof within the provisions of NRS 474.460 to 474.540, inclusive, the State ForesterFirewarden shall determine whether the petition is feasible and shall notifythe board of directors of the district of his decision.

2. Upon receipt of a notice in writing from the StateForester Firewarden, stating that the petition is approved, the district boardof directors shall prepare a resolution describing the territory of thedistrict or designated portion thereof, dissolving the district or excludingthe designated portion therefrom and stating the reasons therefor.

3. Upon adoption of the resolution the board ofdirectors shall forthwith notify the State Forester Firewarden of theresolution, and the district must be dissolved or the designated portionexcluded forthwith and is subject to the provisions of NRS 474.460 to 474.540, inclusive.

4. The State Forester Firewarden shall promulgateregulations for forest, watershed and brush fire control in the territory ofthe dissolved district or excluded portion to meet the terms and requirementsfor federal aid as defined in NRS 473.010,and shall continue to administer this function, directly or indirectly, as hemay consider in the best interest of the State.

5. The property and facilities of the dissolveddistrict or excluded portion become the property of the county in which theterritory lies in a manner determined by the State Forester Firewarden tocomply with state and federal laws and regulations.

6. The provisions of NRS474.440 apply to any outstanding or bonded indebtedness of the district atthe time of its dissolution or the exclusion of territory.

(Added to NRS by 1963, 326; A 1985, 299)

NRS 474.535 Reorganizationinto district created by election.

1. A fire protection district established pursuant to NRS 474.460 to 474.540, inclusive, which has been inexistence for at least 10 years, may be reorganized as a fire protectiondistrict subject to the provisions of NRS474.010 to 474.450, inclusive, inthe manner provided in this section.

2. The reorganization of such a district may beinitiated by:

(a) A petition signed by at least a majority of theowners of property located within the district; or

(b) A resolution of the board of county commissionersof the county in which the district is located.

3. If, after notice and a hearing, the board of countycommissioners determines that the reorganization of the district is in the bestinterests of the county and the district, it shall adopt an ordinancereorganizing the district. The ordinance must include the name and boundariesof the district.

4. The board shall cause a copy of the ordinance,certified by the clerk of the board of county commissioners, to be filedimmediately for record in the office of the county recorder.

5. The reorganization of the district is complete uponthe filing of the ordinance pursuant to this section. The district thereafteris subject to the provisions of NRS 474.010to 474.450, inclusive. Upon thecompletion of the reorganization of the district, the district shall assume thedebts, obligations, liabilities and assets of the former district.

6. The board of county commissioners shall:

(a) Make an order dividing the district into electionprecincts, or providing for the election of directors at large, in the mannerprovided in NRS 474.070.

(b) Appoint the initial members of the board ofdirectors of the district to terms established in the manner provided in NRS 474.130. Each director must be aresident of the precinct, if any, for which he is appointed, and serves untilhis successor is elected and qualified.

(Added to NRS by 1993, 521; A 1995, 989)

NRS 474.540 Activitiesof district to be separate from activities of other political subdivisions. The activities of each district organized in accordancewith NRS 474.460 shall be separate andapart from county activities and any other political subdivision in this state.

(Added to NRS by 1963, 326; A 1967, 966; 1975, 1638)

MISCELLANEOUS PROVISIONS

NRS 474.550 Liabilityof person causing fire. Except as otherwise providedin NRS 527.126, within the boundaries ofany fire protection district created pursuant to this chapter, any person,firm, association or agency which willfully or negligently causes a fire orother emergency which threatens human life may be charged with the expensesincurred in extinguishing the fire or meeting the emergency and the cost ofnecessary patrol. Such a charge constitutes a debt which is collectible by thefederal, state, county or district agency incurring the expenses in the samemanner as an obligation under a contract, express or implied.

(Added to NRS by 1975, 1638; A 1983, 808; 1993, 1204)

NRS 474.560 Reorganizationof district as general improvement district to furnish facilities forprotection from fire.

1. A fire protection district organized pursuant tothis chapter may reorganize as a district created wholly or in part for thepurpose of furnishing fire protection facilities pursuant to chapter 318 of NRS.

2. Such reorganization may be initiated by:

(a) A petition signed by a majority of the owners ofproperty located within the district; or

(b) A resolution of the board of county commissionersof the county in which the district is located.

3. If the board of county commissioners determines,after notice and hearing, that such reorganization is feasible and in the bestinterests of the county and the district, the board of county commissionersshall adopt an ordinance reorganizing the district pursuant to chapter 318 of NRS.

4. All debts, obligations, liabilities and assets ofthe former district shall be assumed or taken over by the reorganized district.

(Added to NRS by 1977, 540)

NRS 474.570 Dissolutionof district which is entirely within boundaries of district for county firedepartment. A board of county commissionersshall dissolve any fire protection district created pursuant to the provisionsof this chapter whenever all the territory within the district is includedwithin the boundaries of a district for a county fire department createdpursuant to NRS 244.2961. No petitionor election is required for the dissolution of a district pursuant to thissection.

(Added to NRS by 1981, 758; A 1989, 76)

NRS 474.580 Eliminationof fire hazards.

1. Any owner of lands within a fire protectiondistrict created pursuant to this chapter shall eliminate and remove a firehazard on his property when directed to do so by the board.

2. If the owner does not comply within the timespecified by the board, the board may eliminate and remove the fire hazard inthe manner permitted by NRS 474.160 or 474.470, whichever applies, and may forthis purpose contract with any person for the performance of the work.

3. The cost incurred by the district in eliminatingand removing the fire hazard may be recovered directly from the owner of theproperty or the district may make the cost a special assessment against thereal property. The special assessment may be collected at the same time and inthe same manner as ordinary county taxes are collected, and is subject to thesame penalties and the same procedure and sale in case of delinquency asprovided for ordinary county taxes. All laws applicable to the collection andenforcement of county taxes are applicable to the special assessment.

4. As used in this section, board means the board ofdirectors or the board of fire commissioners of the district, as the case maybe.

(Added to NRS by 1991, 381)

 

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