[Rev. 11/21/2013 10:26:42 AM--2013]

TITLE 21 - CITIES AND TOWNS

CHAPTER 265 - INCORPORATION AND DISINCORPORATION OF CITIES AND TOWNS

INCORPORATION AND AUTOMATIC DISINCORPORATION

NRS 265.010           Requirement of more than 1,000 inhabitants for incorporation.

NRS 265.030           Disincorporation to follow general election.

NRS 265.040           Disincorporation to be automatic.

NRS 265.050           Duties of county commissioners on disincorporation; establishment of special district.

NRS 265.060           Disposition of records; justice of peace to complete all unfinished business of court.

NRS 265.070           Expenses of disincorporation; salaries of officers whose offices are abolished.

NRS 265.080           Disincorporated cities lose all corporate existence.

NRS 265.090           City’s governing board may file declaration of incorporation; duties of Attorney General.

NRS 265.100           Provisions mandatory.

DISINCORPORATION BY PETITION OF VOTERS

NRS 265.110           County commissioners may disincorporate city upon petition of majority of resident voters; conditions.

NRS 265.120           Dissolution not to invalidate or affect rights, penalties or contracts.

NRS 265.130           Appointment of trustees by county commissioners.

NRS 265.140           Trustees: Oath and bond.

NRS 265.150           Trustees: Duties.

NRS 265.160           Trustees: Payment of money; final settlement; compensation.

NRS 265.170           Annual revenues to be disposed of for benefit of city or town.

NRS 265.180           Limitation on use of money by county commissioners.

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INCORPORATION AND AUTOMATIC DISINCORPORATION

      NRS 265.010  Requirement of more than 1,000 inhabitants for incorporation.  No city or town in this state may be organized into an incorporated city unless there were more than 1,000 inhabitants residing within the limits of the city or town as determined by the last federal decennial census or the population certified by the governor pursuant to NRS 360.285, whichever is most recent, preceding the application for incorporation.

      [1:32:1919; A 1945, 48; 1943 NCL § 1213]—(NRS A 1987, 1699; 2001, 2702)

      NRS 265.030  Disincorporation to follow general election.  If the whole number of electors, residing within the limits of any incorporated city who cast ballots at any general election, is less than 150, that city is disincorporated from and after the 1st Monday in March next succeeding that general election.

      [3:32:1919; A 1945, 48; 1943 NCL § 1215]—(NRS A 1987, 1700)

      NRS 265.040  Disincorporation to be automatic.  The disincorporations mentioned in NRS 265.010 to 265.100, inclusive, shall operate without further act or enactment from any source whatsoever.

      [4:32:1919; 1919 RL p. 2661; NCL § 1216]

      NRS 265.050  Duties of county commissioners on disincorporation; establishment of special district.

      1.  Whenever any city or town shall become disincorporated by the force of NRS 265.010 to 265.100, inclusive, the board of county commissioners of the county wherein such city or town is situated shall:

      (a) Immediately establish a special district identical in boundaries and territory with the disincorporated city or town.

      (b) Proceed to wind up the affairs of the late corporation.

      (c) Dispose of its property.

      (d) Make provision for the payment of all indebtedness thereof and for the performance of its contracts and obligations.

      (e) Levy such taxes from time to time against the property within such special district as may be requisite therefor.

      2.  Such taxes shall be collected by the county treasurer like other taxes and paid out under the orders of the board of county commissioners, and any surplus shall be paid into the school fund for the school district where the same is levied and all property remaining shall revert to such school district, which is hereby empowered to enforce all claims and to have the use of all property so vesting.

      3.  If there shall be any debt or outstanding bonds of any disincorporated city or town the board of county commissioners shall provide for the payment of the principal and interest of the same substantially in the time, manner and form provided by law or ordinance touching the same at the time of disincorporation, substituting the district established in lieu of the city or town disincorporated.

      [5:32:1919; 1919 RL p. 2661; NCL § 1217]

      NRS 265.060  Disposition of records; justice of peace to complete all unfinished business of court.  All books, documents, records, papers and corporate seal of any disincorporated city or town shall be deposited with the county clerk of the county wherein such city or town may be and all court records shall be deposited with the nearest justice of the peace of such county, who shall execute and complete all unfinished business.

      [6:32:1919; 1919 RL p. 2662; NCL § 1218]

      NRS 265.070  Expenses of disincorporation; salaries of officers whose offices are abolished.  All expenses arising out of disincorporation under the force of NRS 265.010 to 265.100, inclusive, shall be chargeable against the special district to be established and shall be paid as other indebtedness of such district is paid. Officials and officers whose offices are abolished shall have a claim for 1 month’s salary or compensation dating from the date of disincorporation.

      [7:32:1919; 1919 RL p. 2662; NCL § 1219]

      NRS 265.080  Disincorporated cities lose all corporate existence.  After March 10, 1919, all cities and towns disincorporated by the force of NRS 265.010 to 265.100, inclusive, shall lose all corporate existence, and any of their pretended corporate acts and the acts of any of their pretended corporate officers or agents shall be of no effect and null and void.

      [8:32:1919; 1919 RL p. 2662; NCL § 1220]

      NRS 265.090  City’s governing board may file declaration of incorporation; duties of Attorney General.

      1.  It is lawful for any governing board of any incorporated city in this state to cause to be filed in the Office of the Secretary of State and in the Office of the Attorney General its declaration that the city is and remains incorporated according to law. If such declaration is not substantially true the Attorney General shall immediately proceed according to law to establish or disprove the right of the city to act as an incorporated city.

      2.  The Attorney General shall consult the official records from time to time and advise the Secretary of State, in writing, declaring the date when any incorporated city becomes disincorporated by the force of NRS 265.010 to 265.100, inclusive, and the Secretary of State shall keep such advices in writing on file and of record in his or her office.

      3.  This section does not provide any condition affecting the taking effect of NRS 265.010 to 265.100, inclusive, or in any manner postponing the effect of those sections.

      [9:32:1919; 1919 RL p. 2662; NCL § 1221]—(NRS A 1987, 1700)

      NRS 265.100  Provisions mandatory.  NRS 265.010 to 265.100, inclusive, are mandatory except where the contrary clearly appears.

      [10:32:1919; 1919 RL p. 2662; NCL § 1222]

DISINCORPORATION BY PETITION OF VOTERS

      NRS 265.110  County commissioners may disincorporate city upon petition of majority of resident voters; conditions.  The board of county commissioners of each county shall have the power to disincorporate any city or town which may have been incorporated under the laws of this State or the Territory of Nevada upon the petition of a majority of the legal voters residing within the corporate limits of such city or town; but no corporation shall be dissolved by virtue of NRS 265.110 to 265.180, inclusive:

      1.  Unless it shall appear to the satisfaction of the board of county commissioners that notice has been given of the intended application for such dissolution of the corporation, by advertisement in a newspaper published in the city or town praying to be disincorporated, and in case no such newspaper be published in the city or town, then by written notice, posted in 3 of the most public places in such city or town, for at least 30 days prior to such application.

      2.  Until all the liabilities of such city or town have been paid or secured to the satisfaction of the board of county commissioners.

      [1:30:1865; A 1866, 95; B § 3912; BH § 2079; C § 2229; RL § 967; NCL § 1223]

      NRS 265.120  Dissolution not to invalidate or affect rights, penalties or contracts.  No dissolution of any corporation under NRS 265.110 to 265.180, inclusive, shall invalidate or affect any right, penalty or forfeiture accruing to such corporation, or invalidate or affect any contract entered into or imposed upon such corporation.

      [2:30:1865; B § 3913; BH § 2080; C § 2230; RL § 968; NCL § 1224]

      NRS 265.130  Appointment of trustees by county commissioners.  Whenever the board of county commissioners shall dissolve any corporation, the board may appoint three competent persons to act as trustees for the corporation so dissolved.

      [3:30:1865; B § 3914; BH § 2081; C § 2231; RL § 969; NCL § 1225]

      NRS 265.140  Trustees: Oath and bond.  The trustees, before entering upon the discharge of their duties, shall:

      1.  Take and subscribe an oath before some judge or justice of the peace, that they will faithfully discharge the duties of their office.

      2.  Give bond, with sufficient sureties, to be approved by the board of county commissioners, to the use of such disincorporated city or town, conditioned for the faithful discharge of the duties of their office.

      [4:30:1865; B § 3915; BH § 2082; C § 2232; RL § 970; NCL § 1226]

      NRS 265.150  Trustees: Duties.  The trustees shall:

      1.  Prosecute to final judgment and defend all suits instituted by or against the corporation.

      2.  Collect all money due the same.

      3.  Liquidate all lawful demands against the same, and for that purpose shall sell and convey any property belonging to such corporation, or so much thereof as may be necessary.

      4.  Generally, do all acts required to bring to a speedy close all of the affairs of the corporation.

      5.  Make a report of their proceedings to the board of county commissioners at each session of the board.

      [5:30:1865; B § 3916; BH § 2083; C § 2233; RL § 971; NCL § 1227]

      NRS 265.160  Trustees: Payment of money; final settlement; compensation.

      1.  The trustees shall pay over to the board of county commissioners, and the commissioners shall pay the same to the county treasurer, from time to time, such moneys as may come into their hands.

      2.  When they shall have closed the affairs of the corporation, the trustees shall make a final settlement thereof to the board and deliver up all the books, records, papers, deeds and all other effects belonging to the dissolved corporation.

      3.  The trustees shall receive for their services such compensation as the board shall deem reasonable.

      [6:30:1865; B § 3917; BH § 2084; C § 2234; RL § 972; NCL § 1228]

      NRS 265.170  Annual revenues to be disposed of for benefit of city or town.  If any city or town, disincorporated as provided in NRS 265.110 to 265.180, inclusive, have annual revenue accruing thereto, the same shall be paid to the board of county commissioners by persons owing the same, and all moneys thus paid, as well as all moneys paid to the trustees, shall be held and disposed of by the board for the benefit of such city or town, and may be applied by the board to any specific object upon the petition of a majority of the taxable inhabitants of the city or town; provided always, that all of the just and lawful debts, dues and demands against the corporation shall have been first paid.

      [7:30:1865; B § 3918; BH § 2085; C § 2235; RL § 973; NCL § 1229]

      NRS 265.180  Limitation on use of money by county commissioners.  All moneys arising from the collection of taxes, fines, penalties and forfeitures shall be appropriated by the board of county commissioners toward the carrying out of those objects which, by NRS 265.110 to 265.180, inclusive, are placed under its control and jurisdiction, and none others.

      [8:30:1865; B § 3919; BH § 2086; C § 2236; RL § 974; NCL § 1230]