[Rev. 11/21/2013 10:23:55 AM--2013]

CHAPTER 244A - COUNTIES: FINANCING OF PUBLIC IMPROVEMENTS

COUNTY BOND LAW

NRS 244A.011        Short title.

NRS 244A.013        Definitions.

NRS 244A.015        “Acquisition” and “acquire” defined.

NRS 244A.017        “Board” defined.

NRS 244A.019        “Building project” defined.

NRS 244A.021        “Condemnation” and “condemn” defined.

NRS 244A.023        “Cost of the project” defined.

NRS 244A.025        “County” defined.

NRS 244A.027        “Drainage and flood control project” defined.

NRS 244A.029        “Equipment” and “equip” defined.

NRS 244A.0293      “Flood management authority” defined.

NRS 244A.0297      “Flood management project” defined.

NRS 244A.031        “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and “hereunder” defined.

NRS 244A.033        “Improvement” and “improve” defined.

NRS 244A.034        “Infrastructure project” defined.

NRS 244A.0343      “Lending project” defined.

NRS 244A.0344      “Minor league baseball stadium project” defined.

NRS 244A.0345      “Municipal securities” defined.

NRS 244A.0347      “Municipality” defined.

NRS 244A.035        “Offstreet parking project” defined.

NRS 244A.037        “Overpass project” defined.

NRS 244A.039        “Park project” defined.

NRS 244A.043        “Project” defined.

NRS 244A.045        “Property” defined.

NRS 244A.047        “Public body” defined.

NRS 244A.048        “Revenues of a lending project” defined.

NRS 244A.049        “Real property” defined.

NRS 244A.0505      “Sewerage project” defined.

NRS 244A.051        “State” defined.

NRS 244A.053        “Street project” defined.

NRS 244A.055        “Underpass project” defined.

NRS 244A.0555      “Wastewater authority” defined.

NRS 244A.056        “Water project” defined.

NRS 244A.057        General powers of board of county commissioners.

NRS 244A.058        Power of board of county commissioners of county whose population is 100,000 or more but less than 700,000 to acquire, lease, improve, equip, operate and maintain minor league baseball stadium project; issuance of revenue bonds.

NRS 244A.0585      Power of board of county commissioners of county whose population is more than 700,000 to acquire, improve, equip, operate and maintain performing arts center; issuance of revenue bonds.

NRS 244A.0587      Power of board of county commissioners of county to acquire, improve and equip sewerage project or water project; issuance of special obligation bonds.

NRS 244A.059        County’s general obligation bonds; county’s debt limit.

NRS 244A.061        Payment of bonds additionally secured by pledge of certain revenues.

NRS 244A.063        Fees, rates and charges: Establishment, maintenance and revision of schedules.

NRS 244A.064        Lending projects: Powers of county.

NRS 244A.065        Construction and effect of County Bond Law.

FACILITATION OF TRANSPORTATION

NRS 244A.252        Transportation districts: Powers of board of county commissioners; limitations on special elections; budget; employees.

NRS 244A.254        Boundaries of transportation district.

NRS 244A.256        Pledge of money for payment of obligations issued for certain projects.

STREET BEAUTIFICATION PROJECTS

NRS 244A.291        Legislative declaration.

NRS 244A.333        “Street beautification project” defined.

NRS 244A.343        General powers of board of county commissioners.

COUNTY BONDS FOR SWIMMING POOLS AND FACILITIES

NRS 244A.441        Power of board of county commissioners.

NRS 244A.445        Issuance of general obligation or revenue bonds.

NRS 244A.447        Applicability of Local Government Securities Law.

NRS 244A.449        Sale of bonds; employment of expert services.

NRS 244A.451        Revenue or general obligation bonds secured by pledge of revenues: Establishment, maintenance and revision of schedules of rates and fees.

NRS 244A.453        Bonding limit.

COUNTY SEWAGE AND WASTEWATER LAW

NRS 244A.455        Short title.

NRS 244A.457        Applicability to county whose population is 700,000 or more.

NRS 244A.459        Legislative determinations.

NRS 244A.461        Definitions.

NRS 244A.463        “Advisory committee” defined.

NRS 244A.465        “Board” defined.

NRS 244A.467        “Bond requirements” defined.

NRS 244A.469        “County” defined.

NRS 244A.471        “County securities” defined.

NRS 244A.473        “Discharge” defined.

NRS 244A.475        “Facilities” defined.

NRS 244A.477        “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereof,” “hereunder,” “herewith,” “heretofore” and “hereafter” defined.

NRS 244A.479        “Newspaper” defined.

NRS 244A.481        “Point source” defined.

NRS 244A.483        “Pollutant” defined.

NRS 244A.485        “Pollution” defined.

NRS 244A.487        “Project” defined.

NRS 244A.489        “Publication” and “publish” defined.

NRS 244A.491        “Service charges” defined.

NRS 244A.493        “State securities” defined.

NRS 244A.495        Remedial action required when standards of water quality or conditions of permit to discharge pollutants violated.

NRS 244A.497        Technical advisory committee.

NRS 244A.499        Procedure for acquisition of facilities.

NRS 244A.501        Acquisition of competing facilities prohibited; acquisition of properties of other public bodies.

NRS 244A.503        Approval of preliminary plans for facilities.

NRS 244A.505        Approval of plans and specifications for facilities.

NRS 244A.507        Methods of funding county’s acquisition of facilities.

NRS 244A.509        General powers of county in relation to facilities.

NRS 244A.511        Additional powers of county: Contracts and agreements with public agencies and others.

NRS 244A.513        Methods of funding State’s acquisition of facilities.

NRS 244A.515        General powers of State in relation to facilities.

NRS 244A.517        Additional powers of State: Contract with county for employment of county’s personnel.

NRS 244A.519        Additional powers of State: Contracts and agreements with public agencies and others.

NRS 244A.521        Additional powers of county or State: Acquisition and operation of facilities.

NRS 244A.523        Powers of other public bodies.

NRS 244A.525        Extraterritorial powers and rights of officer, agent or employee of State, county or other public body.

NRS 244A.527        Manner of exercising board’s powers pertaining to State’s facilities and securities.

NRS 244A.529        Power of board to invest money.

NRS 244A.531        Power of board to levy and collect general taxes.

NRS 244A.533        Power of county or State to fix and collect service charges.

NRS 244A.535        Contracts for billing and collection of service charges.

NRS 244A.537        Service charges payable constitute general obligations; debt limits unaffected.

NRS 244A.539        Enforcement of collection of service charges by requiring tax levy.

NRS 244A.541        Collection of service charges on tax roll: Election of alternative procedure.

NRS 244A.543        Collection of service charges on tax roll: Notice of filing report and of time and place of hearing.

NRS 244A.545        Collection of service charges on tax roll: Hearings; final report.

NRS 244A.547        Collection of service charges on tax roll: Lien; tax bill; applicability of laws pertaining to levy, collection and enforcement of general taxes.

NRS 244A.549        Lien for unpaid service charges.

NRS 244A.551        Basic penalty for nonpayment of service charges.

NRS 244A.553        Collection of delinquent service charges and penalties imposed by civil action.

NRS 244A.555        Acquisition and transfer of certain facilities on behalf of State; funding of acquisition; recommendations by advisory committee for studies.

NRS 244A.557        Service charges for sewerage.

NRS 244A.559        Liability of county or State on its securities and other obligations.

NRS 244A.561        No recourse based on securities against director, officer or agent of county or State.

NRS 244A.563        Faith of State pledged not to impair securities.

NRS 244A.565        Contracts not binding on State until approved by Governor; exception.

NRS 244A.567        County’s officers to effectuate provisions of County Sewage and Wastewater Law.

NRS 244A.569        County Sewage and Wastewater Law constitutes full authority for exercise of powers granted.

NRS 244A.571        Areawide waste management plan: Development; required elements.

NRS 244A.573        Areawide waste management plan: Ordinances and regulations; enforcement.

COUNTY FAIR AND RECREATION BOARDS

General Provisions

NRS 244A.597        County’s powers concerning recreational facilities.

NRS 244A.599        County fair and recreation boards: Creation; number, appointment and terms of members in county whose population is less than 100,000.

NRS 244A.601        County fair and recreation board in county whose population is 100,000 or more but less than 700,000: Number, appointment and terms of members; vacancies.

NRS 244A.603        County fair and recreation board in county whose population is 700,000 or more: Number, appointment and terms of members; vacancies.

NRS 244A.605        Vacancies; reorganization of board.

NRS 244A.607        Name of board: Designation; use.

NRS 244A.609        Members: Oath; bond; compensation.

NRS 244A.611        Officers: Election and duties.

NRS 244A.613        Meetings; quorum; seal.

NRS 244A.615        Compliance with Local Government Budget and Finance Act.

NRS 244A.617        Loans by counties for preliminary costs of organization.

NRS 244A.619        Powers and duties of board.

NRS 244A.621        Additional powers of board.

NRS 244A.622        Use of money to pay cost of improving, operating, maintaining or improving access to certain airports.

NRS 244A.623        Transactions extending beyond terms of members.

NRS 244A.625        Appropriation and expenditure of money for recreational facilities in certain counties.

NRS 244A.627        Limitations on powers of board concerning real property in certain counties.

NRS 244A.629        Acceptance of federal aid.

NRS 244A.631        Recreational facilities subject to local zoning and other regulations.

NRS 244A.633        Free tickets and passes restricted.

 

Bonds for Recreational Facilities

NRS 244A.637        Issuance of general obligation or revenue bonds.

NRS 244A.638        Annual report by Department of Transportation on highway construction projects undertaken with money received from issuance of bonds.

NRS 244A.641        Execution of bonds and coupons.

NRS 244A.643        Sale of bonds; employment of expert services.

NRS 244A.645        Powers of board concerning license taxes assigned or appropriated by cities, towns and counties.

NRS 244A.647        Collected license taxes held in trust.

NRS 244A.649        Refund or credit of payment of license taxes; claim.

NRS 244A.651        Revenue or general obligation bonds secured by pledge of revenues: Establishment, maintenance and revision of schedules of rates and fees.

NRS 244A.653        Debt limit of county whose population is 700,000 or more.

NRS 244A.655        Debt limit of county whose population is less than 700,000.

COUNTY ECONOMIC DEVELOPMENT REVENUE BOND LAW

NRS 244A.669        Short title.

NRS 244A.671        Definitions.

NRS 244A.672        “Affordable housing” defined.

NRS 244A.673        “Board” defined.

NRS 244A.675        “Bonds” and “revenue bonds” defined.

NRS 244A.677        “Capacity” defined.

NRS 244A.678        “Corporation for public benefit” defined.

NRS 244A.679        “Finance” and “financing” defined.

NRS 244A.681        “Financing agreement” defined.

NRS 244A.682        “Health and care facility” defined.

NRS 244A.6825      “Historic structure” defined.

NRS 244A.683        “Mortgage” defined.

NRS 244A.685        “Obligor” defined.

NRS 244A.687        “Pollution” defined.

NRS 244A.689        “Project” defined.

NRS 244A.691        “Revenues” defined.

NRS 244A.692        “Supplemental facility for a health and care facility” defined.

NRS 244A.693        “Warehousing” defined.

NRS 244A.695        Legislative intent.

NRS 244A.696        Exercise of powers by county; liberal construction.

NRS 244A.697        General powers.

NRS 244A.6975      Issuance of bonds for affordable housing or residential housing for corporation for public benefit.

NRS 244A.698        Restrictions on powers of county.

NRS 244A.699        Power to sell capacity of project for generation and transmission of electricity and to charge for use of transmitting facilities; right of first refusal of electric utilities; unconditional contractual obligations.

NRS 244A.701        Project for generation and transmission of electricity: Studies, surveys and options.

NRS 244A.702        Project for generation and transmission of electricity: Issuance of taxable bonds to acquire, improve or equip project.

NRS 244A.703        Project for generation and transmission of electricity: Sale and issuance of additional bonds.

NRS 244A.705        Enforcement of county’s obligation to issue additional bonds or to contract for sale of capacity or for construction and operation of project.

NRS 244A.707        Notice and public hearing by board of county commissioners.

NRS 244A.709        Details of proposed terms and conditions of transaction not required in notice.

NRS 244A.711        Determinations required of board of county commissioners after public hearing; operating history and other evidence of sufficient financial resources required of contemplated lessee, purchaser or obligor.

NRS 244A.713        Bonds to be special obligations.

NRS 244A.715        Form and terms of bonds.

NRS 244A.717        Security.

NRS 244A.719        Terms of resolution and instruments.

NRS 244A.720        Issuance of bonds by Director of Department of Business and Industry as special obligations of State.

NRS 244A.721        Types of authorized investments; bank deposits and disbursements.

NRS 244A.723        Construction of project.

NRS 244A.725        Limitation on county’s obligation.

NRS 244A.727        Rights upon default.

NRS 244A.729        Determination of costs of financing.

NRS 244A.731        Lease, sale or financing of project.

NRS 244A.733        Option to purchase.

NRS 244A.735        Refunding.

NRS 244A.737        Application of proceeds; components of cost of project.

NRS 244A.739        Payment and contribution by county prohibited; exceptions.

NRS 244A.741        Operation by county prohibited.

NRS 244A.743        Project for generation and transmission of electricity: Legislative approval and determination of limit of capacity.

NRS 244A.745        Project for generation and transmission of electricity: Establishment, composition, powers and duties of committee to manage project.

NRS 244A.753        County’s property exempt from taxation; taxation of lessee, purchaser or obligor.

NRS 244A.755        Project for generation and transmission of electricity: Payment in lieu of taxes.

NRS 244A.757        Eminent domain not available; exception.

NRS 244A.759        Limitation of actions.

NRS 244A.761        Faith of State pledged against repeal, amendment or modification of County Economic Development Revenue Bond Law.

NRS 244A.763        County Economic Development Revenue Bond Law constitutes full authority for exercise of powers granted.

SURCHARGE FOR ENHANCEMENT OR IMPROVEMENT OF TELEPHONE SYSTEM USED FOR REPORTING EMERGENCY

NRS 244A.7641      Definitions.

NRS 244A.7643      Surcharge: Imposition; master plan required in certain counties; amount; collection; penalties for delinquent payment.

NRS 244A.7645      Establishment of advisory committee to develop plan to enhance or improve telephone system; creation of special revenue fund; use of money in fund.

NRS 244A.7646      Dispute of amount of surcharge or designation of place of primary use by customer of supplier of mobile telephone service: Notice by customer; review by supplier; refund, credit or explanation.

NRS 244A.7647      Recovering cost of collecting surcharge.

TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE IN EMERGENCY

NRS 244A.765        Definitions.

NRS 244A.767        Creation of taxing district in county whose population is 700,000 or more; boundaries of district; delegation of operation of system to metropolitan police department.

NRS 244A.768        Creation of taxing district in county whose population is less than 700,000; boundaries of district; delegation of operation of system to metropolitan police department.

NRS 244A.769        Features of system.

NRS 244A.771        System to use 911 as primary telephone number; secondary number.

NRS 244A.773        Tax levy: Approval of voters; exemption from limitation.

NRS 244A.775        Determination of rate of tax levy.

NRS 244A.777        Collection of taxes; tax constitutes lien.

DISTRICT FOR THE SUPPORT OF PUBLIC PARKS

NRS 244A.785        Creation in certain counties; boundaries.

NRS 244A.787        Board of county commissioners ex officio governing body; powers; meetings; employees.

NRS 244A.789        Budget of district; submission to voters of proposal to issue bonds or levy tax.

MINOR LEAGUE BASEBALL STADIUM PROJECT

NRS 244A.800        Definitions.

NRS 244A.810        Fee: Imposition in certain counties; amount; exception; use of proceeds; limitation on repeal or modification of authorizing ordinance.

NRS 244A.820        Contract with Department for collection and administration of fee.

NRS 244A.830        Stadium authority: Creation; members; duties.

PERFORMING ARTS CENTER

NRS 244A.850        “Department” defined.

NRS 244A.860        Imposition of fee in certain counties; amount of fee; exception; use of proceeds of fee; cooperative agreements with other governmental entities to operate center; delegation of responsibilities of governmental entity to nonprofit organization; limitation on repeal or modification of authorizing ordinance; contract with design-build team for design and construction of center.

NRS 244A.870        Contract with Department for collection and administration of fee.

_________

COUNTY BOND LAW

      NRS 244A.011  Short title.  NRS 244A.011 to 244A.065, inclusive, may be cited as the County Bond Law.

      (Added to NRS by 1965, 636; A 1999, 836; 2003, 2929; 2003, 20th Special Session, 295; 2007, 1294; 2009, 2736; 2011, 658)

      NRS 244A.013  Definitions.  Except where the context otherwise requires, the definitions in NRS 244A.015 to 244A.056, inclusive, govern the construction hereof.

      (Added to NRS by 1965, 636; A 1991, 1724; 1993, 48; 1999, 836; 2003, 2930; 2003, 20th Special Session, 295; 2005, 183; 2009, 2736)

      NRS 244A.015  “Acquisition” and “acquire” defined.  “Acquisition” or “acquire” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, any public body or any person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, herein authorized.

      (Added to NRS by 1965, 636)

      NRS 244A.017  “Board” defined.  “Board” means the board of county commissioners and includes the Board of Supervisors of Carson City.

      (Added to NRS by 1965, 637; A 1969, 323)

      NRS 244A.019  “Building project” defined.  “Building project” means any public building or complex of buildings to accommodate or house lawful county activities, including, without limitation, courts, records, county personnel, administrative offices, welfare facilities, hospital facilities, detention home facilities, jail facilities, facilities for the detention of children or other juvenile home facilities, library facilities, museum facilities, theater facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, supplies, vehicles, road maintenance equipment and other county equipment, or any combination thereof, structures, fixtures and furniture therefor, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including, without limitation, all types of property therefor.

      (Added to NRS by 1965, 637; A 2003, 1130)

      NRS 244A.021  “Condemnation” and “condemn” defined.  “Condemnation” or “condemn” means the acquisition by the exercise of the power of eminent domain of property for any project, or an interest therein, herein authorized. A county may exercise in the State the power of eminent domain and in the manner provided by law for the condemnation of private property for public use, may take any property necessary to carry out any of the objects or purposes hereof, and may condemn any existing works or facilities in the county now or hereafter used. The power of eminent domain vested in the board shall include the power to condemn, in the name of the county, either the fee simple or any lesser estate or interest in any real property which the board by resolution shall determine is necessary for carrying out the purposes hereof. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.

      (Added to NRS by 1965, 637)

      NRS 244A.023  “Cost of the project” defined.  “Cost of the project,” or words of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including, without limitation:

      1.  Preliminary expenses advanced by the county from funds available for use therefor in the making of surveys, preliminary plans, estimates of costs and other preliminaries;

      2.  The costs of appraising, printing, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees;

      3.  The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, the capitalization with bond proceeds of any sale discount and of interest on the bonds for any period not exceeding 1 year and the filing or recordation of instruments; and

      4.  All other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.

      (Added to NRS by 1965, 637)

      NRS 244A.025  “County” defined.  “County” means any county in this State. For the purposes of NRS 244A.011 to 244A.065, inclusive, Carson City is considered as a county.

      (Added to NRS by 1965, 637; A 1969, 323; 2009, 2737)

      NRS 244A.027  “Drainage and flood control project” defined.  “Drainage and flood control project” means any natural and artificial water facilities for the collection, transportation, impoundment and disposal of rainfall, storm, flood or surface drainage waters, including, without limitation, ditches, lakes, reservoirs, revetments, levees, dikes, walls, embankments, bridges, sewers, culverts, inlets, connections, laterals, collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, transmission lines, conduits, syphons, sluices, flumes, canals, ditches, natural and artificial watercourses, ponds, dams, retarding basins, and other water diversion and storage facilities, pumping stations, stream gauges, rain gauges, meters, flood warning service and appurtenant telephone, telegraph, radio and television service, engines, valves, pumps, apparatus, fixtures, structures and buildings, or any combination thereof, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including, without limitation, all types of property therefor. The term includes a flood management project.

      (Added to NRS by 1965, 638; A 2009, 2737)

      NRS 244A.029  “Equipment” and “equip” defined.  “Equipment” or “equip” means the furnishing of all necessary or desirable, related or appurtenant, facilities, or any combination thereof, appertaining to any project, or interest therein, herein authorized.

      (Added to NRS by 1965, 638)

      NRS 244A.0293  “Flood management authority” defined.  “Flood management authority” means any entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include the acquisition, construction, improvement, operation and maintenance of a flood management project.

      (Added to NRS by 2009, 2736)

      NRS 244A.0297  “Flood management project” defined.  “Flood management project” or any phrase of similar import, means a project or improvement that is located within or without a county whose population is 100,000 or more but less than 700,000 and is established for the control or management of any flood or storm waters of the county or any flood or storm waters of a stream of which the source is located outside of the county. The term includes, without limitation:

      1.  A drainage and flood control project;

      2.  A project to construct, repair or restore an ecosystem;

      3.  A project to mitigate any adverse effect of flooding or flood management activity or improvement;

      4.  A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

      5.  A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

      6.  A park project that is related to a flood management project;

      7.  Any landscaping or similar amenity that is constructed:

      (a) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

      (b) To mitigate any adverse effect on the environment relating to a flood management project;

      8.  A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

      9.  A project to protect and manage a floodplain;

      10.  A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

      11.  Any real property or interest in real property that is acquired to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management,

Ê or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

      (Added to NRS by 2009, 2736; A 2011, 1117)

      NRS 244A.031  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and “hereunder” defined.  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto” and “hereunder” refer to the County Bond Law and not solely to the particular portion thereof in which such word is used.

      (Added to NRS by 1965, 638)

      NRS 244A.033  “Improvement” and “improve” defined.  “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement, or any combination thereof, of any project, or an interest therein, herein authorized.

      (Added to NRS by 1965, 638)

      NRS 244A.034  “Infrastructure project” defined.  “Infrastructure project” means:

      1.  A capital improvement for fire protection, a library, a building, a park or police protection that a municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law; or

      2.  For a water authority, wastewater authority, flood management authority or any municipality whose governing body is composed of only the members of the board, a capital improvement for:

      (a) A water system;

      (b) A water reclamation system;

      (c) A flood management project; or

      (d) A sanitary sewer,

Ê that the municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law.

      (Added to NRS by 1999, 834; A 2005, 183; 2009, 2737)

      NRS 244A.0343  “Lending project” defined.  “Lending project” means:

      1.  In a county whose population is 100,000 or more but less than 700,000, the acquisition of municipal securities issued by a water authority located wholly or partially within the county acquiring the municipal securities for one or more infrastructure projects which consist of capital improvements for a water system or for the refunding of municipal securities issued on or after October 1, 1999, for one or more infrastructure projects which consist of capital improvements for a water system or any combination thereof.

      2.  In all other counties, the acquisition of municipal securities issued by a municipality located wholly or partially within the county acquiring the municipal securities for one or more infrastructure projects or for the refunding of municipal securities previously acquired as part of a lending project by a county for one or more infrastructure projects or any combination thereof.

      (Added to NRS by 1999, 834; A 2011, 1397)

      NRS 244A.0344  “Minor league baseball stadium project” defined.  “Minor league baseball stadium project” means a baseball stadium which can be used for the home games of an AA or AAA minor league professional baseball team and for other purposes, including structures, buildings and other improvements and equipment therefor, parking facilities, and all other appurtenances necessary, useful or desirable for a minor league baseball stadium, including, without limitation, all types of property therefor.

      (Added to NRS by 2003, 2929)

      NRS 244A.0345  “Municipal securities” defined.  “Municipal securities” means notes, warrants, interim debentures, bonds and temporary bonds issued by a municipality pursuant to a law other than the County Bond Law which are:

      1.  General obligations payable from ad valorem taxes that are approved by the voters of the municipality issued for a capital improvement of a library or park;

      2.  General obligations payable from ad valorem taxes that are approved by the voters of the municipality or are approved pursuant to subsection 3 of NRS 350.020 issued for a capital improvement of an infrastructure project other than a library or park;

      3.  Revenue obligations of a water authority that are payable from revenues of:

      (a) The water system of the water authority;

      (b) One or more of the municipalities that are members of the water authority; or

      (c) Any combination of the entities described in paragraphs (a) and (b);

      4.  Revenue obligations of a wastewater authority that are payable from revenues of:

      (a) The water reclamation system of the wastewater authority;

      (b) One or more of the municipalities that are members of the wastewater authority; or

      (c) Any combination of the entities described in paragraphs (a) and (b); or

      5.  Revenue obligations of a flood management authority that are payable from the revenues of:

      (a) A flood management project of the flood management authority;

      (b) One or more of the municipalities that are members of the flood management authority; or

      (c) Any combination of the entities described in paragraphs (a) and (b).

      (Added to NRS by 1999, 835; A 2005, 183; 2009, 2737)

      NRS 244A.0347  “Municipality” defined.  “Municipality” means any city, town, school district, library district, consolidated library district, fire protection district, district for a fire department, park district, general improvement district organized pursuant to chapter 318 of NRS, wastewater authority, flood management authority, water district organized pursuant to a special act or water authority organized as a political subdivision created by cooperative agreement.

      (Added to NRS by 1999, 835; A 2003, 821; 2005, 184; 2009, 2738)

      NRS 244A.035  “Offstreet parking project” defined.  “Offstreet parking project” means parking facilities for the parking of motor vehicles off the public streets, including, without limitation, graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators and traffic control equipment, or any combination thereof, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including, without limitation, all types of property therefor.

      (Added to NRS by 1965, 638)

      NRS 244A.037  “Overpass project” defined.  “Overpass project” means any bridge, viaduct or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, over any street, stream, railroad tracks, and any other way or place, including, without limitation, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment, or any combination thereof, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including, without limitation, all types of property therefor.

      (Added to NRS by 1965, 638)

      NRS 244A.039  “Park project” defined.  “Park project” means real property, facilities and equipment for parks, including, without limitation, graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, clubhouses, tennis courts, swimming pools, bathhouses, horseshoe pits, ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities, or any combination thereof, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including, without limitation, all types of property therefor.

      (Added to NRS by 1965, 638)

      NRS 244A.043  “Project” defined.  “Project” means any structure, facility, undertaking or system which a county is herein authorized to acquire, improve, equip, operate and maintain. A project may consist of any kinds of personal and real property.

      (Added to NRS by 1965, 639)

      NRS 244A.045  “Property” defined.  “Property” means real property and personal property.

      (Added to NRS by 1965, 639)

      NRS 244A.047  “Public body” defined.  “Public body” means the State, or any agency, instrumentality or corporation thereof, or any municipality, county, school district, other type district, or any other political subdivision or body corporate and politic of the State.

      (Added to NRS by 1965, 639)

      NRS 244A.048  “Revenues of a lending project” defined.  “Revenues of a lending project” means any money, except the proceeds of taxes levied by the county, received by the county pursuant to any lending project, including, without limitation:

      1.  Money derived from any source of revenue connected with a lending project, including, without limitation, payments by a municipality of the principal, interest or redemption premium of any municipal security, and any other income derived from the operation or administration of a lending project or the sale or other disposal of municipal securities or other assets acquired in connection with a lending project;

      2.  Loans, grants or contributions to the county from the Federal Government for the payment of the principal, interest and redemption premiums of county securities;

      3.  Fees or charges paid by a municipality in connection with a lending project; and

      4.  Money derived from the investment and reinvestment of the money described in subsection 1, 2 or 3.

      (Added to NRS by 1999, 835)

      NRS 244A.049  “Real property” defined.  “Real property” means:

      1.  Land, including land under water.

      2.  Buildings, structures, fixtures and improvements on land.

      3.  Any property appurtenant to or used in connection with land.

      4.  Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.

      (Added to NRS by 1965, 639)

      NRS 244A.0505  “Sewerage project” defined.  “Sewerage project” means facilities pertaining to a county sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including, without limitation, a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, water lines, sewer lines, conduits, ditches, pipes, transmission lines, pumping plants, filter plants, power plants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, or any combination thereof. A sewerage project may include as a part thereof a drainage and flood control project. A sewerage project in a county whose population is 100,000 or more but less than 700,000 may include as a part thereof a program established by the county pursuant to NRS 244.3651 to provide financial assistance to persons to connect to the sewerage system.

      (Added to NRS by 1993, 48; A 2011, 658)

      NRS 244A.051  “State” defined.  “State” means the State of Nevada, or any agency, instrumentality or corporation thereof; and where the context so indicates, “State” means the geographical area comprising the State of Nevada.

      (Added to NRS by 1965, 639)

      NRS 244A.053  “Street project” defined.  “Street project” means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, all types of property therefor.

      (Added to NRS by 1965, 639)

      NRS 244A.055  “Underpass project” defined.  “Underpass project” means any tunnel, tube or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, including, without limitation, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment, or any combination thereof, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including, without limitation, all types of property therefor.

      (Added to NRS by 1965, 639)

      NRS 244A.0555  “Wastewater authority” defined.  “Wastewater authority” means an entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include sanitation and sewerage, the treatment and disposal of wastewater, or the development and reclamation of water resources.

      (Added to NRS by 2005, 183)

      NRS 244A.056  “Water project” defined.  “Water project” means facilities pertaining to a county water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof. A water project in a county whose population is 100,000 or more but less than 700,000 may include as a part thereof a program established by the county pursuant to NRS 244.3651 to provide financial assistance to persons to connect to the water system.

      (Added to NRS by 1991, 1724; A 2011, 659)

      NRS 244A.057  General powers of board of county commissioners.  Any board, upon behalf of the county and in its name, may acquire, improve, equip, operate and maintain, within the county:

      1.  A building project;

      2.  A drainage and flood control project;

      3.  A flood management project;

      4.  A lending project if the county has adopted an ordinance pursuant to subsection 3 of NRS 244A.064;

      5.  An off-street parking project;

      6.  An overpass project;

      7.  A park project;

      8.  A sewerage project;

      9.  A street project;

      10.  An underpass project; and

      11.  A water project.

      (Added to NRS by 1965, 640; A 1981, 949; 1991, 1724; 1993, 49; 1999, 836; 2009, 2738)

      NRS 244A.058  Power of board of county commissioners of county whose population is 100,000 or more but less than 700,000 to acquire, lease, improve, equip, operate and maintain minor league baseball stadium project; issuance of revenue bonds.

      1.  A board that has adopted an ordinance imposing a fee pursuant to NRS 244A.810 may, on behalf of the county and in its name:

      (a) Acquire, lease, improve, equip, operate and maintain within the county a minor league baseball stadium project.

      (b) Subject to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, lease, improve or equip, or any combination thereof, within the county a minor league baseball stadium project.

      2.  Bonds issued pursuant to this section must be payable from the proceeds of the fee imposed by the county pursuant to NRS 244A.810 and may be additionally secured by and payable from the gross or net revenues of the minor league baseball stadium project, including, without limitation, amounts received from any minor league baseball team pursuant to a contract with that team, fees, rates and charges for the use of the stadium by a minor league baseball team or any other uses of the stadium, and related uses, including, without limitation, parking and concessions, surcharges on tickets in an amount approved by the board, grants, whether conditional or unconditional, made for the payment of debt service or otherwise for the purposes of the minor league baseball stadium project, and any and all other sources of revenue attributable to the minor league baseball stadium project as provided by the board in the ordinance authorizing the issuance of bonds or any instrument supplemental or appertaining thereto.

      3.  The provisions of chapters 332, 338 and 339 of NRS do not apply to a contract entered into by a county and a private developer pursuant to which the private developer constructs a minor league baseball stadium project, except that the contract must include a provision stating that the requirements of NRS 338.010 to 338.090, inclusive, apply to any construction work to be performed under the contract.

      (Added to NRS by 2003, 2929; A 2007, 1294)

      NRS 244A.0585  Power of board of county commissioners of county whose population is more than 700,000 to acquire, improve, equip, operate and maintain performing arts center; issuance of revenue bonds.

      1.  A board that has adopted an ordinance imposing a fee pursuant to NRS 244A.860 may, on behalf of the county and in its name:

      (a) Acquire, improve, equip, operate and maintain within the county a performing arts center.

      (b) Pursuant to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, improve or equip, or any combination thereof, within the county a performing arts center.

      2.  Bonds issued pursuant to this section for a performing arts center must be payable from the proceeds of the fee imposed by the county pursuant to NRS 244A.860 that are and may be additionally secured by and payable from the gross or net revenues of the performing arts center.

      (Added to NRS by 2003, 20th Special Session, 295)

      NRS 244A.0587  Power of board of county commissioners of county to acquire, improve and equip sewerage project or water project; issuance of special obligation bonds.

      1.  Subject to the provisions of chapter 350 of NRS, any board, upon behalf of the county and in its name, may issue the county’s special obligation bonds to acquire, improve and equip, or any combination thereof, any sewerage project or water project herein authorized, or any part thereof, and thereby to defray the cost of the sewerage project or water project wholly or in part.

      2.  Special obligation bonds issued pursuant to this section may be payable from and secured by the revenues of the sewerage project or water project for which the bonds are issued or the system of which the sewerage project or water project is a part or, except as otherwise provided in this section, by any other revenues that the county is authorized to pledge for the payment of special obligations. The special obligation bonds may not be payable from or secured by revenue from general ad valorem taxes.

      3.  Special obligation bonds issued by a county pursuant to this section do not constitute indebtedness of the county for the purposes of the debt limitations set forth in NRS 244A.059.

      (Added to NRS by 2011, 658)

      NRS 244A.059  County’s general obligation bonds; county’s debt limit.

      1.  Subject to the provisions of chapter 350 of NRS, any board, upon behalf of the county and in its name, may issue the county’s general obligation bonds to acquire, improve and equip, or any combination thereof, any project herein authorized, or any part thereof, and thereby to defray the cost of the project wholly or in part.

      2.  A county shall not become indebted by the issuance of bonds or other securities constituting an indebtedness, whether the bonds are issued hereunder or under a special or local law, to an amount in the aggregate, including existing indebtedness of the county, but excluding any outstanding revenue bonds, any outstanding special assessment bonds, or any other outstanding special obligation securities, any short-term securities issued in anticipation of and payable from general ad valorem taxes levied for the current fiscal year, any general obligation indebtedness of the county issued to pay the cost of any lending project, and any indebtedness not evidenced by notes, bonds or other securities, exceeding 10 percent of the total last assessed valuation of the taxable property of the county.

      3.  A county shall not become indebted by the issuance of general obligation indebtedness to fund the cost of lending projects in an amount exceeding 15 percent of the total last assessed valuation of the taxable property of the county.

      (Added to NRS by 1965, 640; A 1967, 61; 1969, 1580; 1985, 258; 1999, 836)

      NRS 244A.061  Payment of bonds additionally secured by pledge of certain revenues.  The payment of any bonds issued hereunder may be additionally secured by a pledge of all or part of any revenues derived from:

      1.  The operation of any project herein authorized and from any other income-producing project of the county;

      2.  A flood management project; or

      3.  Any license or other excise taxes levied for revenue and available for such a pledge,

Ê or any combination thereof.

      (Added to NRS by 1965, 640; A 2009, 2738)

      NRS 244A.063  Fees, rates and charges: Establishment, maintenance and revision of schedules.  In order to acquire, improve, equip, operate and maintain a project specified in NRS 244A.057 and to ensure the payment, wholly or in part, of the general obligation bonds or revenue bonds of the county the payment of which bonds is additionally secured by a pledge of the revenues derived from any such income-producing project, flood management project or excise taxes, or any combination thereof, the board may establish and maintain, and the board may from time to time revise, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the income-producing project or flood management project, within the corporate limits of the county, and a schedule or schedules of license or other excise taxes, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.

      (Added to NRS by 1965, 640; A 2003, 2930; 2003, 20th Special Session, 295; 2009, 2738)

      NRS 244A.064  Lending projects: Powers of county.  In connection with any lending project, a county may:

      1.  Require additional security or credit enhancement for payment of municipal securities acquired as it deems prudent.

      2.  Make contracts and execute all necessary or desirable instruments or documents not in conflict with the requirements of the County Bond Law.

      3.  Provide by ordinance for its standards, policies and procedures for financing lending projects.

      4.  Acquire and hold municipal securities and execute the rights of the holder of those municipal securities.

      5.  Sell or otherwise dispose of municipal securities unless the county is limited by any agreement that is related to those securities.

      6.  If the county and the municipality agree to the disposition of any savings resulting from the refunding:

      (a) In a county whose population is 100,000 or more but less than 700,000, refund:

             (1) Any county general obligations issued for a lending project;

             (2) Any municipal securities issued on or after October 1, 1999, for one or more infrastructure projects which consist of capital improvements for a water system; or

             (3) Any combination of subparagraphs (1) and (2).

      (b) In all other counties, refund any county general obligations issued for a lending project.

      7.  Require payment by a municipality that participates in a lending project of the fees and expenses of the county in connection with the lending project.

      8.  Secure the payment of county general obligations issued for a lending project with a pledge of revenues of the lending project. If the revenues of a lending project are formally pledged to the county bonds issued to finance a lending project, the board may treat the revenues of the lending project financed by an issue of county general obligation bonds as pledged revenues pursuant to subsection 3 of NRS 350.020.

      (Added to NRS by 1999, 835; A 2011, 1397)

      NRS 244A.065  Construction and effect of County Bond Law.

      1.  No other act or law with regard to the authorization or issuance of bonds that requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      2.  The powers conferred by NRS 244A.011 to 244A.065, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by NRS 244A.011 to 244A.065, inclusive, do not affect the powers conferred by, any other law.

      3.  No part of NRS 244A.011 to 244A.065, inclusive, repeals or affects any other law or part thereof, it being intended that NRS 244A.011 to 244A.065, inclusive, must provide a separate method of accomplishing its objectives, and not an exclusive one, and NRS 244A.011 to 244A.065, inclusive, must not be construed as repealing, amending or changing any such other law.

      (Added to NRS by 1965, 643; A 2009, 2739)

FACILITATION OF TRANSPORTATION

      NRS 244A.252  Transportation districts: Powers of board of county commissioners; limitations on special elections; budget; employees.

      1.  A board of county commissioners may by ordinance, but not as in a case of emergency, create one or more transportation districts in the unincorporated area of the county. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:

      (a) Organize and maintain the district.

      (b) Establish, by ordinance, regulations:

             (1) For the administration of its internal affairs.

             (2) For the employment of professional, technical, clerical and other personnel necessary to carry out its duties.

             (3) For the establishment and alteration of the boundaries of the district.

             (4) Providing for the use of revenue received by the district.

      (c) Hold meetings as the governing body of a district in conjunction with its meetings as the board of county commissioners without posting a separate agenda or posting additional notices of the meetings within the district.

      (d) Cause a special or general district election to be held in the same manner as provided for other such elections in title 24 of NRS for the purpose of submitting a question pursuant to paragraph (b) of subsection 1 of NRS 244.3351 or paragraph (b) of subsection 1 of NRS 278.710, or both, or cause the question or questions to be submitted at a primary or general state election.

      2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the county.

      3.  The budget of a district created pursuant to this section must comply with the provisions of NRS 354.470 to 354.626, inclusive.

      4.  All persons employed to perform the functions of a district are employees of the county for all purposes.

      (Added to NRS by 1991, 29; A 1993, 1037; 2011, 2723)

      NRS 244A.254  Boundaries of transportation district.

      1.  Except as otherwise provided in subsection 2, a board of county commissioners which establishes a transportation district shall establish the boundaries of the district and may alter those boundaries by ordinance.

      2.  The boundaries of a transportation district must not be established or altered to include any territory within the boundaries of any incorporated city, except that annexations or incorporations occurring after the effective date of the ordinance creating or altering the boundaries of a district do not affect the boundaries of the district.

      (Added to NRS by 1991, 29)

      NRS 244A.256  Pledge of money for payment of obligations issued for certain projects.

      1.  A county may pledge any money received from the proceeds of taxes imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351 or paragraph (a) of subsection 1 of NRS 278.710 or pursuant to NRS 371.043 or 371.045 or, with the consent of the regional transportation commission, received from the proceeds of the tax imposed pursuant to NRS 377A.020, or any combination of money from those sources with revenue derived from the project financed with the proceeds of the obligations for whose payment those taxes are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in paragraph (a) of subsection 2 of NRS 244.33512, if the project for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.

      2.  A county may pledge any money received from the proceeds of taxes imposed pursuant to paragraph (b) of subsection 1 of NRS 244.3351 or paragraph (b) of subsection 1 of NRS 278.710, or any combination of money from those taxes with revenue derived from the project financed with the proceeds of the obligations for whose payment those taxes are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in subsection 1 of NRS 244.33514, if the project for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.

      3.  Any money pledged by the county pursuant to subsection 1 or 2 may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      (Added to NRS by 1991, 29; A 1993, 1037; 2009, 2076)

STREET BEAUTIFICATION PROJECTS

      NRS 244A.291  Legislative declaration.  It is hereby declared as a matter of legislative determination that the acquisition, improvement, equipment, operation and maintenance of any street beautification project is in the public interest and is of special benefit to the property assessed to defray the cost thereof.

      (Added to NRS by 1969, 1024; A 1981, 949)

      NRS 244A.333  “Street beautification project” defined.  As used in NRS 244A.291 to 244A.343, inclusive, “street beautification project” means the beautification of any street, avenue, boulevard, alley, parkway, highway or other public right-of-way used primarily for vehicular traffic, including, without limitation, paving, median strips, crosswalks, street dividers, sidewalks, curbs, gutters, storm sewers, sanitary sewers, drains, covered walkways or areas, street-lighting facilities, water-distribution and irrigation systems, vehicular parking areas, retaining walls, landscaping, tree planting, shrubbery, foliage, fountains, waterfalls, decorative structures, benches, information booths, restrooms, signs, and other structures, works, and any other project or facility authorized by the Consolidated Local Improvements Law pertaining thereto, including the reconstruction and relocation of existing municipally owned works, improvements or facilities on such streets.

      (Added to NRS by 1969, 1027; A 1981, 949)

      NRS 244A.343  General powers of board of county commissioners.  The board of county commissioners of each county, upon behalf of the county and in its name, without any election, may from time to time:

      1.  Acquire, improve, equip, operate and maintain one or more street beautification projects;

      2.  Levy assessments against assessable property within the county to defray all or any portion of the cost thereof which is not to be defrayed with money available therefor from the general fund, any special fund, or otherwise; and

      3.  Cause the assessments so levied to be collected.

      (Added to NRS by 1969, 1027; A 1981, 950)

COUNTY BONDS FOR SWIMMING POOLS AND FACILITIES

      NRS 244A.441  Power of board of county commissioners.  In addition to powers elsewhere conferred upon the board of county commissioners, the board of county commissioners of any county is authorized and empowered:

      1.  To establish, construct, purchase, otherwise acquire, improve and extend swimming pools, facilities and buildings therefor;

      2.  To equip and furnish the same;

      3.  To acquire a suitable site or ground for any of the facilities; and

      4.  To issue bonds therefor (or any combination thereof), at one time, or from time to time.

      [1:342:1955]—(NRS A 1969, 1573)

      NRS 244A.445  Issuance of general obligation or revenue bonds.  For any such purpose, the board, at any time or from time to time, in the name and on the behalf of the county may:

      1.  Issue:

      (a) General obligation bonds, payable from taxes; and

      (b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such recreational facilities, and, if so determined by the board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue, as may be legally made available for their payment;

      2.  Issue revenue bonds payable solely from the gross or net revenues to be derived from the operation of such recreational facilities, as the board may decide; and

      3.  Make a contract creating an indebtedness with the United States of America, or any agency or instrumentality thereof, or any other person or agency, public or private, if a question authorizing such contract is submitted to and approved by the electors of the county in the manner provided for a question in NRS 350.020 to 350.070, inclusive.

      [3:342:1955]—(NRS A 1969, 1574; 1981, 950)

      NRS 244A.447  Applicability of Local Government Securities Law.  Subject to the provisions of NRS 244A.445, for any recreational facilities authorized in NRS 244A.441 to 244A.453, inclusive, the board of any county may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county securities, and in connection with the undertaking or the recreational facilities, the board may otherwise proceed as provided in the Local Government Securities Law.

      [4:342:1955]—(NRS A 1969, 1575; 1985, 258)

      NRS 244A.449  Sale of bonds; employment of expert services.  The board is authorized to sell such bonds from time to time at public or private sale, as the board may determine. The board may employ legal, fiscal, engineering, or other expert services in connection with the acquisition of such improvements or facilities and with the authorization, issuance and sale of such bonds.

      [7:342:1955]—(NRS A 1967, 221)

      NRS 244A.451  Revenue or general obligation bonds secured by pledge of revenues: Establishment, maintenance and revision of schedules of rates and fees.  In order to insure the payment of the revenue bonds of the county or of the general obligation bonds of the county, the payment of which is secured or is additionally secured, as the case may be, by a pledge of the revenues of such recreational facilities, of any such other income-producing project and of any such excise taxes, as provided in NRS 244A.445 or other such special obligation securities so secured or other such additionally secured general obligation securities of the county, the board may establish and maintain, and from time to time revise, a schedule or schedules of fees, rates and charges for services, facilities and commodities rendered by or through the recreational facilities and any such other income-producing project and a schedule or schedules of any such excise taxes, as the case may be, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board of county commissioners authorizing the issuance of any of the bonds or other securities, including any covenant for the establishment of reasonable reserve funds.

      [12:342:1955]—(NRS A 1969, 1575)

      NRS 244A.453  Bonding limit.  No county shall ever become indebted for such county recreational purposes under the provisions of NRS 244A.441 to 244A.453, inclusive, by the issuance of such general obligation bonds and other general obligation securities (other than any notes or warrants maturing within 1 year from the respective dates of their issuance), but excluding any outstanding revenue bonds, special assessment bonds, or other special obligation securities, and excluding any such outstanding general obligation notes and warrants, exceeding 3 percent of the total last assessed valuation of the taxable property in the county; and no county shall ever become indebted in an amount exceeding 10 percent of such valuation by the issuance of any such general obligation securities (other than any such notes or warrants), but excluding any such outstanding special obligation securities and excluding any such outstanding general obligation notes and warrants.

      [14:342:1955]—(NRS A 1969, 1575)

COUNTY SEWAGE AND WASTEWATER LAW

      NRS 244A.455  Short title.  NRS 244A.455 to 244A.573, inclusive, may be cited as the County Sewage and Wastewater Law.

      (Added to NRS by 1973, 1726; A 1975, 1336)

      NRS 244A.457  Applicability to county whose population is 700,000 or more.  NRS 244A.455 to 244A.573, inclusive, applies to any county whose population is 700,000 or more.

      (Added to NRS by 1973, 1726; A 1975, 1336; 1979, 520; 1989, 1902; 2011, 1117)

      NRS 244A.459  Legislative determinations.  It is hereby declared as a matter of legislative determination that:

      1.  It is essential to the maintenance of the public health, welfare and orderly local government that each county to which NRS 244A.455 to 244A.573, inclusive, pertain be empowered to become the master agency within its territory for the collection, disposal and treatment of sewage and wastewater. In addition, it is essential that the master agency be empowered to perform and require compliance with any and all areawide waste management planning which may be required by the State or Federal Government in connection with the exercise or implementation of any of the powers, authorizations and responsibilities provided in NRS 244A.455 to 244A.573, inclusive.

      2.  Granting to such counties the purposes, powers, rights, privileges and immunities provided in NRS 244A.455 to 244A.573, inclusive, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State.

      3.  The acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public health, and constitutes a part of the established and permanent policy of the State.

      4.  The necessity for the County Sewage and Wastewater Law is a result of:

      (a) The intense development of residential, commercial, industrial and other human activities in both incorporated and unincorporated areas within such counties;

      (b) The ensuing need for extensive, coordinated control, collection, disposal and treatment of all sources of pollution, including but not limited to sewage, wastewater and in place or accumulated pollution sources; and

      (c) The ensuing need for areawide waste management planning for such control, collection, disposal and treatment.

      5.  The Legislature recognizes the duty of such counties as instruments of State Government to meet adequately the needs for such facilities within their boundaries, in cooperation with the State, municipalities and districts within the county and in satisfaction of federal and state requirements and standards relating to pollution.

      6.  The Legislature recognizes that there may be alternative solutions to the pollution abatement problem in such counties. It is the intention of the Legislature that those charged with the responsibility of correcting the problem be able to avail themselves of all assistance that may develop through advances in technology and changing circumstances and regulations, federal or state, that have an impact on the problem. In construing the powers, authorities and responsibilities conveyed by the Legislature in NRS 244A.455 to 244A.573, inclusive, the economic burden on the citizens of this state and the ultimate feasibility of the projects undertaken shall be carefully weighed in the light of the state of the art and the regulations governing the master agency at the time undertaken. Among the factors which will determine the ultimate resolution of the problem, the protection and the fullest beneficial use of the resource represented by the water shall be given top priority. The Legislature finds that the courses of action that may be developed to find satisfactory solutions are necessary for the preservation of this valuable natural resource of the State and are within the meaning of the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

      7.  For the accomplishment of these purposes the provisions of NRS 244A.455 to 244A.573, inclusive, shall be broadly construed.

      8.  The notices herein provided are reasonably calculated to inform each interested person of the person’s legally protected rights.

      9.  The rights and privileges herein granted comply in all respects with any requirement imposed by any constitutional provision.

      (Added to NRS by 1973, 1726; A 1975, 1336; 1977, 19)

      NRS 244A.461  Definitions.

      1.  Except as otherwise provided in NRS 244A.455 to 244A.573, inclusive, the definitions provided in the Local Government Securities Law apply to county securities issued hereunder and the definitions provided in the State Securities Law apply to state securities issued hereunder.

      2.  The definitions provided in NRS 244A.463 to 244A.493, inclusive, apply specifically to NRS 244A.455 to 244A.573, inclusive.

      (Added to NRS by 1973, 1727; A 1975, 1337; 1977, 20)

      NRS 244A.463  “Advisory committee” defined.  “Advisory committee” means the county sewage and wastewater advisory committee.

      (Added to NRS by 1973, 1727)

      NRS 244A.465  “Board” defined.  “Board,” when not otherwise qualified, means the board of county commissioners of the county.

      (Added to NRS by 1973, 1727)

      NRS 244A.467  “Bond requirements” defined.  “Bond requirements” means the principal of, any prior redemption premiums due in connection with, and the interest on designated bonds or other securities.

      (Added to NRS by 1973, 1727)

      NRS 244A.469  “County” defined.  “County” means any county as described in NRS 244A.457.

      (Added to NRS by 1973, 1727)

      NRS 244A.471  “County securities” defined.  “County securities” means the securities authorized to be issued by the county pursuant to NRS 244A.455 to 244A.573, inclusive.

      (Added to NRS by 1973, 1728; A 1975, 1338; 1977, 21)

      NRS 244A.473  “Discharge” defined.  “Discharge” means any addition of a pollutant or pollutants to water.

      (Added to NRS by 1975, 1334)

      NRS 244A.475  “Facilities” defined.  “Facilities” means the facilities of the State, county or other designated public body used or suitable for use for the control, collection, disposal and treatment of all sources of pollution, whether or not they are point sources, including, but not limited to, sewage, wastewater and in place or accumulated pollution sources and consisting of all properties, real, personal, mixed or otherwise, acquired by the State, the county or the public body, as the case may be, by one or more projects through purchase, condemnation, subject to the provisions of NRS 244A.521, construction or otherwise, and used in connection with such purposes and related services or in any way pertaining thereto and situated within the county, whether within or without or both within and without the territorial limits of the public body.

      (Added to NRS by 1973, 1728; A 1975, 1338; 1977, 21)

      NRS 244A.477  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereof,” “hereunder,” “herewith,” “heretofore” and “hereafter” defined.

      1.  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereof,” “hereunder,” “herewith,” or any term of similar import, refers to NRS 244A.455 to 244A.573, inclusive, and not solely to the particular portion thereof in which such word is used.

      2.  “Heretofore” means before February 24, 1977.

      3.  “Hereafter” means after February 24, 1977.

      (Added to NRS by 1973, 1728; A 1975, 1338; 1977, 21)

      NRS 244A.479  “Newspaper” defined.  “Newspaper” means a newspaper printed at least once each calendar week.

      (Added to NRS by 1973, 1728)

      NRS 244A.481  “Point source” defined.  “Point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

      (Added to NRS by 1975, 1334)

      NRS 244A.483  “Pollutant” defined.  “Pollutant”:

      1.  Means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water;

      2.  Does not mean water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well is used either for facilitating production or for disposal purposes and if the Department of Health and Human Services determines that such injection or disposal will not result in the degradation of ground or surface water resources.

      (Added to NRS by 1975, 1334)

      NRS 244A.485  “Pollution” defined.  “Pollution” means the artificially made or artificially induced alteration of the chemical, physical, biological and radiological integrity of water.

      (Added to NRS by 1975, 1334)

      NRS 244A.487  “Project” defined.

      1.  “Project” means an undertaking pertaining to such part of the facilities of the county or designated public body as the board or governing body determines to acquire, improve or equip, or any combination thereof, and authorized at one time.

      2.  “Project” also includes the construction, installation and acquisition of the facilities by the State, acting through the board.

      (Added to NRS by 1973, 1728; A 1977, 21)

      NRS 244A.489  “Publication” and “publish” defined.

      1.  “Publication” or “publish” means three consecutive weekly publications in at least one newspaper having general circulation in the county, the first publication being at least 15 days prior to the designated time or event.

      2.  Any notice or other instrument published shall not necessarily be made on the same day of the week in each of the 3 weeks; but not less than 14 days, excluding the day of the first publication but including the day of the last publication, shall intervene between the first publication and the last publication.

      3.  Publication shall be complete on the day of the last publication.

      4.  Any publication herein required shall be verified by the affidavit of the publisher and filed with the county clerk.

      (Added to NRS by 1973, 1728)

      NRS 244A.491  “Service charges” defined.  “Service charges” means the fees, rates and other charges for the use of the facilities of the State, county or designated public body, as the case may be, or for any service rendered by the State, county or public body in the operation thereof, or otherwise.

      (Added to NRS by 1973, 1729; A 1977, 21)

      NRS 244A.493  “State securities” defined.  “State securities” means the securities authorized to be issued by the State pursuant to NRS 244A.455 to 244A.573, inclusive.

      (Added to NRS by 1973, 1729; A 1977, 22)

      NRS 244A.495  Remedial action required when standards of water quality or conditions of permit to discharge pollutants violated.  If any officer of this state or of the Federal Government who is empowered by law to determine the existence of violations of water quality standards which have the force of state or federal law or violations of conditions of a pollution discharge permit required by state or federal law notifies the county or any public body within the county that such a standard or condition is being violated, or has so notified the county or public body prior to February 24, 1977, and the violation continues after February 24, 1977, the county shall eliminate such violation by the construction, other acquisition, improvement, equipment, operation, maintenance or repair of such facilities therefor as the board deems necessary or advisable, unless such public body, subject to the approval of the board, eliminates such violation. If the violation occurs in facilities owned by another public body, the county is entitled to recover from that public body the costs of eliminating the violation plus interest from the date on which each element of those costs was respectively paid.

      (Added to NRS by 1973, 1729; A 1977, 22)

      NRS 244A.497  Technical advisory committee.

      1.  In each county there shall be appointed a technical advisory committee to be designated as the county sewage and wastewater advisory committee.

      2.  The advisory committee consists of two members appointed by the board, three members appointed by the governing body of the most populous city in the county, two members appointed by the governing body of the second most populous city in the county, one member appointed by the governing body of each other city in the county, and one member appointed by the governing body of each water district, sanitation district or water and sanitation district in the county having within its boundaries a population of 5,000 or more.

      3.  Each appointee shall be an employee of the municipality or district whose governing body is required to make the appointment and shall at the time of that employment be actively engaged in the operation or management of sewer or water facilities within the municipality or district, except the county prior to its operation of facilities.

      4.  Each appointee shall serve without additional compensation or fidelity bond for his or her duties as a member of the advisory committee and remains a member until death or resignation or his or her termination as a member, with or without cause, by the governing body of the appointing municipality or district and its appointment of his or her successor. The governing body of an appointing municipality or district shall in any case terminate the membership on the advisory committee of any of its appointed members within a reasonable time after any member ceases to be employed by the municipality or district in sewer or water work and shall appoint a successor with the required qualifications.

      5.  The committee shall elect such officers from within its membership, fix such time and place of meetings, adopt such rules of procedure and keep such records all as in its sole discretion it shall determine to be consistent with the purposes of NRS 244A.455 to 244A.573, inclusive.

      6.  No member of the advisory committee may be interested in any contract or transaction with the county under consideration by the advisory committee except in his or her official representative capacity or in his or her capacity as a public officer or employee.

      7.  The advisory committee shall proceed immediately upon appointment and at all times thereafter diligently to inform itself as to all laws, matters and things which may be of significance in maintaining the quality of collection, disposal and treatment of sewage and wastewater in the county and the consequent purity of water within the county. The advisory committee shall also advise the board of conditions which in the judgment of the advisory committee require action by the board, and make recommendations in regard thereto.

      8.  It is the intent of NRS 244A.455 to 244A.573, inclusive, that the existence and activities of the advisory committee in no way diminish the responsibility of the board or the officers of the county in fulfilling the legislative declaration expressed in NRS 244A.459 and in performing its duties as the master agency of the county in these matters.

      (Added to NRS by 1973, 1729; A 1975, 1338; 1977, 22; 1979, 520)

      NRS 244A.499  Procedure for acquisition of facilities.

      1.  The county, the State, or both, acting through the board, may construct, otherwise acquire, improve, equip, relocate, repair, maintain and operate the facilities or any part thereof for the benefit of the State, the county and their inhabitants, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable as preliminaries thereto.

      2.  When a comprehensive program satisfactory to the board for the acquisition of facilities for the county, the State, or both, is available, such program shall be tentatively adopted. The program need only describe the proposed facilities in general terms and not in detail.

      3.  A public hearing on the proposed program shall be scheduled, and notice of the hearing shall be given by publication. After the hearing and any adjournments thereof which may be ordered, the board may require changes to be made in the program as the board considers desirable, or the board may approve the program as prepared.

      4.  If any substantial changes to the comprehensive program are ordered at any time, in the original acquisition of the facilities or in any improvement thereto, or otherwise, a further hearing shall be held pursuant to notice which shall be given by publication.

      5.  Such a comprehensive program may consist of one project or of more than one project. A public hearing need not be held on each such project if it implements such a comprehensive program on which a public hearing has been held.

      (Added to NRS by 1973, 1730; A 1977, 23)

      NRS 244A.501  Acquisition of competing facilities prohibited; acquisition of properties of other public bodies.

      1.  The county, the State, or both, shall not acquire as a part of the facilities any properties which at the time of their acquisition compete in any area with then existing facilities of a public body providing the same or a similar function or service therein without the consent of such public body, but the facilities of the county, the State, or both, without such consent, may complement such existing facilities of a public body by providing in such an area supplemental functions or services if such existing facilities provide inadequate functions or services.

      2.  The State or the county may acquire properties of any public body situate in the county as a project of the State or the county or an interest therein.

      (Added to NRS by 1973, 1730; A 1977, 24)

      NRS 244A.503  Approval of preliminary plans for facilities.

      1.  Before the State acting through the board, or the county, prepares or causes to be prepared plans, specifications or other documents for the construction, other acquisition, improvement or equipment of any work or other real property for the facilities of the State or the county except repairs, major renewals and major replacements, the State or the county shall submit preliminary plans to:

      (a) The Division of Environmental Protection of the State Department of Conservation and Natural Resources;

      (b) The county board of health; and

      (c) The county regional planning body,

Ê for approval of the type, scope and location of the proposed work or other real property for the facilities.

      2.  Each such agency may require the State or the county to submit additional information to the agency pertaining to any such request for such approval and may require modifications to such plans as a condition of the agency’s approval.

      3.  Upon the receipt of each agency’s approval in writing of such plans, the State or the county may prepare or cause to be prepared plans, specifications or other documents for the construction, other acquisition, improvement or equipment of such works or property in conformance with such approval.

      4.  The county board of health shall not require any modification with which the State Environmental Commission does not concur.

      (Added to NRS by 1973, 1731; A 1977, 24; 2005, 559)

      NRS 244A.505  Approval of plans and specifications for facilities.

      1.  Before the State acting through the board, or the county, constructs, otherwise acquires, improves or equips any work or other real property for the facilities of the State or the county except repairs, major renewals and major replacements, the State or the county shall submit plans, specifications or other instruments or other documents pertaining thereto for the approval of such acquisitions, improvements or equipment to the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      2.  The Division may require the State or the county to submit additional information pertaining to any such request for such approval and may require modifications to such instruments or documents as a condition of its approval.

      3.  Upon the receipt of the Division’s approval in writing of such works or other property, the State or the county may construct, otherwise acquire, improve or equip such works or property in conformance with such approval.

      (Added to NRS by 1977, 18)

      NRS 244A.507  Methods of funding county’s acquisition of facilities.  The county may also for the purpose of acquiring facilities:

      1.  Borrow money and issue county securities evidencing any loan to or amount due by the county, provide for and secure the payment of any county securities and the rights of the holders thereof, and purchase, hold and dispose of county securities.

      2.  Fund or refund any loan or obligation of the county and issue funding or refunding securities to evidence such loan or obligation, as hereinafter provided, without an election.

      3.  Levy and cause to be collected taxes on and against all taxable property within the county as hereinafter provided, subject to the limitations provided in the Constitution and statutes of this State.

      4.  Fix, from time to time, increase or decrease, collect and cause to be collected rates, fees and other service charges pertaining to the facilities of the county, including, without limitation, minimum charges and charges for availability of the facilities or services relating thereto, pledge such revenues for the payment of county securities, and enforce the collection of such revenues by civil action or by any other means provided by law.

      5.  Purchase, acquire by gift or otherwise acquire properties, including, without limitation, existing sewage or wastewater systems or parts thereof or interests therein, of the Federal Government, the State, any public body or any person as a project of the county or so acquire an interest therein. The county may acquire such properties subject to any mortgage, deed of trust or other lien on the acquired properties to secure the payment of any obligations pertaining thereto.

      6.  Accept contributions or loans from the Federal Government for the purpose of financing the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise in which the county is authorized to engage, and enter into contracts, cooperate with and accept cooperation from, the Federal Government in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including, without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and do any and all things necessary in order to avail itself of such aid, assistance and cooperation.

      (Added to NRS by 1973, 1731; A 1977, 25; 1981, 950)

      NRS 244A.509  General powers of county in relation to facilities.  The county may in relation to the facilities:

      1.  Hire and retain officers, agents, employees, engineers and any other persons, permanent or temporary, necessary or desirable to effect the purposes hereof, defray any expenses incurred thereby in connection with its facilities, and acquire office space, equipment, services, supplies, fire and extended coverage insurance, use and occupancy insurance, workers’ compensation insurance, property damage insurance, public liability insurance for the county and its officers, agents and employees, and other types of insurance, as the board may determine; but no provision herein authorizing the acquisition of insurance shall be construed as waiving any immunity of the county or any director, officer or agent otherwise existing under the laws of the State.

      2.  Pay or otherwise defray the cost of any project.

      3.  Pay or otherwise defray and contract so to pay or defray, for any term not exceeding 50 years, the principal of, any interest on, and any other charges pertaining to any securities or other obligations, outstanding or otherwise existing for a period of at least 2 years, of the Federal Government, the State, any public body or any person incurred in connection with any property thereof subsequently acquired therefrom by the county and relating to its facilities.

      4.  Establish, operate and maintain facilities within the county across or along any public street, highway, bridge, viaduct or other public right-of-way, or in, upon, under or over any vacant public lands, which public lands now are, or may become, the property of the State or a public body, without first obtaining a franchise from the State or the public body having jurisdiction over the same; but the county shall cooperate with the State and any public body having such jurisdiction, shall promptly restore any such street, highway, bridge, viaduct or other public right-of-way to its former state of usefulness as nearly as may be, and shall not use the same in such manner as permanently to impair completely or unnecessarily the usefulness thereof.

      5.  Adopt, amend, repeat, enforce and otherwise administer such reasonable ordinances, resolutions, rules, regulations and orders as the county determines necessary or convenient for the operation, maintenance, management, government and use of the county’s facilities and any other like facilities under its control.

      6.  Adopt, amend, repeal, enforce and otherwise administer under the police power within the territorial limits of the county such reasonable ordinances, resolutions, rules, regulations and orders in relation to the collection, disposal or treatment of sewage and wastewater after a public hearing thereon is held by the board, in connection with which any public body in the area involved or otherwise exercising powers affecting the functions and services therein of the county and persons of interest have an opportunity to be heard, after mailed notice of the hearing is given by the clerk to each such public body and after notice of such hearing is given by publication by the clerk to persons of interest, both known and unknown.

      7.  Provide that any violation of any ordinance adopted under subsections 5 and 6 shall be a misdemeanor.

      8.  Sell and otherwise dispose of any by-products resulting from the operation of the facilities.

      (Added to NRS by 1973, 1732)

      NRS 244A.511  Additional powers of county: Contracts and agreements with public agencies and others.  The county may also in relation to the county facilities:

      1.  Enter, without any election, into joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements, for any term not exceeding 50 years, with the Federal Government, the State or any public body concerning the facilities, and any project or property pertaining thereto, whether acquired by the county, by the Federal Government, by the State or by any public body, and may accept grants and contributions from the Federal Government, the State, any public body or any person.

      2.  Enter into and perform, without any election, when determined by the board to be in the public interest, contracts and agreements, for any term not exceeding 50 years, with the Federal Government, the State, any public body or any person for the provision and operation by the county of any property pertaining to such facilities of the county or any project relating thereto and the payment periodically thereby to the county of amounts at least sufficient, if any, in the determination of the board, to compensate the county for the cost of providing, operating and maintaining such facilities serving the Federal Government, the State, such public body or such person, or otherwise; but no such service contract shall be entered into with any such party who at such time is being lawfully served by another public body without the prior consent of such presently serving public body.

      3.  Enter into and perform, without any election, contracts and agreements with the Federal Government, the State, any public body or any person for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and the financing of any property pertaining to the facilities of the county or to any project of the county, including, but not necessarily limited to, any contract agreement for any term not exceeding 50 years.

      4.  Cooperate with and act in conjunction with the Federal Government or any of its engineers, officers, boards, commissions or departments, or with the State or any of its engineers, officers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the county or for any other works, acts or purposes provided for herein, and adopt and carry out any definite plan, system or work for any such purpose.

      5.  Cooperate with the Federal Government, the State or any public body by an agreement therewith by which the county may:

      (a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights-of-way necessary for the acquisition, improvement or equipment of any project.

      (b) Hold and save the cooperating entity harmless from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation of any facilities.

      (c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity.

      6.  Provide, by any contract for any term not exceeding 50 years, or otherwise, without an election:

      (a) For the joint use of personnel, equipment and facilities of the county, the Federal Government, the State or any public body, including, without limitation, public buildings constructed by or under the supervision of the board or the governing body of the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the county, the Federal Government, the State, any such public body and any persons of interest.

      (b) For the joint employment of clerks, stenographers and other employees pertaining to the facilities or any project, now existing or hereafter established in the county, upon such terms and conditions as may be determined for the equitable apportionment of the resulting expenses.

      (Added to NRS by 1973, 1733; A 1977, 26)

      NRS 244A.513  Methods of funding State’s acquisition of facilities.  The State, acting through the board, may also for the purpose of acquiring facilities:

      1.  Borrow money and issue state securities evidencing any loan to or amount due by the State, provide for and secure the payment of any state securities and the rights of the holders thereof, and purchase, hold and dispose of state securities.

      2.  Fund or refund any loan or obligation of the State and issue funding or refunding securities to evidence such loan or obligation, as hereinafter provided.

      3.  Levy and cause to be collected taxes on and against all taxable property within the State as hereinafter provided, subject to the limitations provided in the Nevada Constitution.

      4.  Fix, from time to time, increase or decrease, collect and cause to be collected rates, fees and other service charges pertaining to the facilities of the State, pledge such revenues for the payment of state securities, and enforce the collection of such revenues by civil action or by any other means provided by law.

      5.  Purchase, acquire by gift or otherwise acquire properties, including, without limitation, existing sewage or wastewater systems or parts thereof or interests therein, of the Federal Government, the county, any public body in the county or any person as a project of the State or so acquire an interest therein. The State may acquire such properties subject to any mortgage, deed of trust or other lien on the acquired properties to secure the payment of any obligations pertaining thereto.

      6.  Accept contributions or loans from the Federal Government for the purpose of financing the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise in which the State is authorized to engage, and enter into contracts, cooperate with and accept cooperation from, the Federal Government in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including, without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and do any and all things necessary in order to avail itself of such aid, assistance and cooperation.

      (Added to NRS by 1977, 13)

      NRS 244A.515  General powers of State in relation to facilities.  The State, acting through the board, may in relation to the facilities of the State:

      1.  Acquire office space, equipment, services, supplies, fire and extended coverage insurance, use and occupancy insurance, workers’ compensation insurance, property damage insurance, public liability insurance for the State, the county and their respective officers, agents and employees, and other types of insurance, as the board may determine, but no provision herein authorizing the acquisition of insurance waives any immunity of the State, the county or any director, officer or agent otherwise existing under the laws of the State.

      2.  Pay or otherwise defray the cost of any project.

      3.  Establish, operate and maintain facilities within the county across or along any public street, highway, bridge, viaduct or other public right-of-way, or in, upon, under or over any vacant public lands, which public lands now are or may become the property of the State, the county, or a public body, without first obtaining a franchise from the county or the public body having jurisdiction over the same, but the State shall cooperate with the county and any public body having such jurisdiction, shall promptly restore any such street, highway, bridge, viaduct or other public right-of-way to its former state of usefulness as nearly as may be, and shall not use the same in such manner as permanently to impair completely or unnecessarily the usefulness thereof.

      4.  Adopt, amend, repeal, enforce and otherwise administer such reasonable rules, regulations and orders as the board determines necessary or convenient for the operation, maintenance, management, government and use of the State’s facilities and any other like facilities under its control.

      5.  Adopt, amend, repeal, enforce and otherwise administer under the police power within the territorial limits of the county such reasonable rules, regulations and orders in relation to the collection, disposal or treatment of sewage and wastewater after a public hearing thereon is held by the board, in connection with which any public body in the area involved or otherwise exercising powers affecting the functions and services therein of the State and persons of interest have an opportunity to be heard, after mailed notice of the hearing is given by the clerk of the board to each such public body and after notice of such hearing is given by publication by the clerk to persons of interest, both known and unknown.

      6.  Sell and otherwise dispose of any by-products resulting from the operation of the facilities.

      (Added to NRS by 1977, 14)

      NRS 244A.517  Additional powers of State: Contract with county for employment of county’s personnel.  The State, acting through the Governor, may, in relation to state facilities, contract with the county for it to hire and retain officers, agents, employees, engineers and any other persons, as county personnel permanent or temporary, whose employment is necessary or desirable to effect the purposes hereof, and to defray any expenses incurred thereby in connection with state facilities as operation and maintenance expenses thereof.

      (Added to NRS by 1977, 15)

      NRS 244A.519  Additional powers of State: Contracts and agreements with public agencies and others.  The State, acting through the Governor, may also in relation to state facilities:

      1.  Enter into and perform joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements, for any term not exceeding 50 years, with the Federal Government, the county or any public body concerning the facilities, and any project or property pertaining thereto, whether acquired by the State, by the Federal Government, by the county or by any public body, and may accept grants and contributions from the Federal Government, the county, any public body or any person.

      2.  Enter into and perform contracts and agreements, for any term not exceeding 50 years, with the Federal Government, the county, any public body or any person for the provision and operation by the State of any property pertaining to such facilities of the State or any project relating thereto and the payment periodically by the other contracting party to the State of amounts at least sufficient, in the determination of the Governor, to compensate the State for the cost, if any, of providing, operating and maintaining such facilities serving the Federal Government, the county, such public body or such person, or otherwise, but no such service contract may be entered into with any such party who at such time is being lawfully served by another public body without the prior consent of such presently serving public body.

      3.  Enter into and perform contracts and agreements with the Federal Government, the county, any public body or any person for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and financing of any property pertaining to the facilities of the State or to any project of the State, including, but not necessarily limited, to any contract or agreement for any term not exceeding 50 years.

      4.  Cooperate with and act in conjunction with the Federal Government or any of its engineers, officers, boards, commissions or departments, or with the county or any of its engineers, officers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the State or for any other works, acts or purposes provided for herein, and adopt and carry out any definite plan, system or work for any such purpose.

      5.  Cooperate with the Federal Government, the county or any public body by an agreement therewith by which the State may:

      (a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights-of-way necessary for the acquisition, improvement or equipment of any project.

      (b) Hold and save the cooperating entity harmless from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation of any facilities.

      (c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity.

      6.  Provide, by any contract for any term not exceeding 50 years, or otherwise:

      (a) For the joint use of personnel, equipment and facilities of the State, the Federal Government, the county or any public body, including, without limitation, public buildings constructed by or under the supervision of the board or the governing body of the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the State, the Federal Government, the county, any such public body and any persons of interest.

      (b) For the joint employment of clerks, stenographers and other employees pertaining to the facilities or any project, now existing or hereafter established in the county, upon such terms and conditions as may be determined for the equitable apportionment of the resulting expenses.

      (Added to NRS by 1977, 15)

      NRS 244A.521  Additional powers of county or State: Acquisition and operation of facilities.  The county, or the State acting through the board, may also:

      1.  Enter upon any land, make surveys, borings, soundings and examinations, and locate the necessary works of any project and any roadways and other rights-of-way pertaining to any project herein authorized, and acquire all property necessary or convenient for the acquisition, improvement or equipment of such works, including works constructed and being constructed by private owners, and all necessary appurtenances.

      2.  Acquire property by agreement, condemnation by the exercise of the power of eminent domain or otherwise, and in case any street, road, highway, railroad, canal, ditch or other property subject or devoted to public use and located within the county, whether within or without or both within and without the territorial limits of any public body, becomes subject to interference by reason of the construction or proposed construction of any works of the county or the State, the right so to interfere with such property, whether it be publicly or privately owned; except:

      (a) If such right is acquired by condemnation proceedings and if the court finds that public necessity or convenience so require, the judgment may direct the county or the State, as the case may be, to relocate such street, road, highway, railroad, canal, ditch or other property in accordance with the plans prescribed by the court.

      (b) If, by such judgment or agreement, the county or the State is required to relocate any such street, road, highway, railroad, canal, ditch or other property subject or devoted to public use, the board may acquire in the name of the county or the State, by agreement or condemnation, all rights-of-way and other property necessary or proper for compliance with the agreement or judgment of condemnation, and thereafter make such conveyance of such relocated street, road, highway, railroad, canal, ditch or other property as may be proper to comply with the agreement or judgment.

      (c) No property, except for easements and rights-of-way, may be acquired by condemnation if at the time of the proposed exercise of such power such property is utilized by a public body for the collection, disposal or treatment of sewage or wastewater.

      3.  Carry on technical and other investigations of all kinds, make measurement, collect data, and make analyses, studies and inspections pertaining to the facilities and any project.

      4.  Make and keep records in connection with the facilities and any project or otherwise concerning the county or the State.

      5.  Arbitrate any differences arising in connection with the facilities and any project or otherwise concerning the county or the State.

      6.  Have the management, control and supervision of all business and affairs pertaining to the facilities and any project herein authorized, or otherwise concerning the county or the State, and of the acquisition, improvement, equipment, operation, maintenance and disposal of any property pertaining to the facilities or any such project.

      7.  Enter into contracts of indemnity and guaranty relating to or connected with the performance of any contract or agreement which the county or the State, as the case may be, is empowered to enter into.

      8.  Obtain financial statements, appraisals, economic feasibility reports and valuations of any type pertaining to the facilities or any project or any property relating thereto.

      9.  Adopt any ordinance or resolution authorizing a project or the issuance of county securities or state securities, or any combination thereof.

      10.  Make and execute an indenture or other trust instrument pertaining to any county securities or state securities herein authorized, except as otherwise provided in NRS 244A.455 to 244A.573, inclusive.

      11.  Make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the county’s or the State’s covenants or duties, or in order to secure the payment of county or state securities.

      12.  Have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent hereof.

      13.  Exercise all or any part or any combination of the powers herein granted.

      (Added to NRS by 1973, 1734; A 1975, 1339; 1977, 27)

      NRS 244A.523  Powers of other public bodies.  The governing body of any public body, upon its behalf and in its name, for the purpose of aiding and cooperating in any project herein authorized, upon the terms and with or without consideration and without an election, may:

      1.  Sell, lease, loan, donate, grant, convey, assign, transfer and otherwise dispose to the county or the State any facilities or any other property, or any interest therein, pertaining to any project.

      2.  Make available to the county or the State for temporary use or otherwise to dispose of any machinery, equipment, facilities and other property, and any agents, employees, persons with professional training, and any other persons, to effect the purposes hereof. Any such property and persons owned or in the employ of any public body while engaged in performing for the county or the State any service, activity or undertaking herein authorized, pursuant to contract or otherwise, have and retain all of the powers, privileges, immunities, rights and duties of, and shall be deemed to be engaged in the service and employment of such public body, notwithstanding such service, activity or undertaking is being performed in or for the county or the State.

      3.  Enter into any agreement or joint agreement between or among the Federal Government, the State, the county and any public bodies extending over any period not exceeding 50 years, which is mutually agreed thereby, notwithstanding any law to the contrary, respecting action or proceedings pertaining to any power herein granted, and the use or joint use of any facilities, project or other property herein authorized.

      4.  Sell, lease, loan, donate, grant, convey, assign, transfer or pay over to the county or the State any facilities or any project herein authorized, or any part or parts thereof, or any interest in personal property or real property, or any funds available for acquisition, improvement or equipment purposes, including the proceeds of any securities previously or hereafter issued for acquisition, improvement or equipment purposes which may be used by the county in the acquisition, improvement, equipment, maintenance and operation of any facilities or project herein authorized.

      5.  Transfer, grant, convey or assign and set over to the county or the State any contracts which may have been awarded by the public body for the acquisition, improvement or equipment of any project not begun or if begun, not completed.

      6.  Budget and appropriate, and each public body is hereby required and directed to budget and appropriate, from time to time, the proceeds of taxes, service charges and other revenues legally available therefor to pay all obligations, which may be either general obligations or special obligations, arising from the exercise of any powers herein granted as such obligations shall accrue and become due.

      7.  Provide for an agency, by any agreement herein authorized, to administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement.

      8.  Provide that any such agency shall possess the common power specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement. Such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties, which party shall be designated by the agreement.

      9.  Continue any agreement herein authorized for a definite term not exceeding 50 years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party.

      (Added to NRS by 1973, 1736; A 1977, 28)

      NRS 244A.525  Extraterritorial powers and rights of officer, agent or employee of State, county or other public body.  All of the powers, privileges, immunities and rights, exemptions from laws, ordinances and rules, all pension, relief, disability, workers’ compensation and other benefits which apply to the activity of officers, agents or employees of the State or the county or any public body when performing their respective functions within the territorial limits of the respective public agencies apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially hereunder, and while engaged in the performance of any of their functions and duties under any contract or agreement authorized hereunder.

      (Added to NRS by 1973, 1737; A 1977, 30)

      NRS 244A.527  Manner of exercising board’s powers pertaining to State’s facilities and securities.  The board, in connection with powers which it exercises hereunder and pertaining to any state facilities or state securities, or both, shall exercise such powers in the same manner as if such facilities or securities, or both, were county facilities or county securities, or both, by the adoption of ordinances, resolutions, or otherwise, as provided in chapter 244 of NRS and other laws relating to counties, including, without limitation, NRS 350.579.

      (Added to NRS by 1977, 16)

      NRS 244A.529  Power of board to invest money.  The board may invest or cause to be invested all money, whether federal, state, county or other, which may come into its possession under NRS 244A.455 to 244A.573, inclusive, in the manner provided by law for the investment of county funds, but any interest which may be earned on money provided by the State or by the Federal Government shall be added to and applied to the same purpose as the principal.

      (Added to NRS by 1977, 16)

      NRS 244A.531  Power of board to levy and collect general taxes.  In addition to the other means for providing revenue to defray the costs of the activities and projects authorized by NRS 244A.455 to 244A.573, inclusive, and to meet general obligation bond requirements, the board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable property within the county.

      (Added to NRS by 1973, 1737; A 1975, 1341)

      NRS 244A.533  Power of county or State to fix and collect service charges.

      1.  The county, or the State acting through the board, may fix, modify and collect or cause to be collected service charges for direct or indirect connection with, or the use or services of, the facilities of the county or the State, respectively. These fees may include minimum charges, charges for the availability of facilities or services, and charges for future capital improvements, whether the facilities are in operation or being acquired.

      2.  Such service charges may be charged to and collected in advance or otherwise by the county or the State at any time or from time to time from the Federal Government, the State, the county, any public body or any person owning or occupying real property within the county which directly or indirectly is or has been or will be connected with the facilities of the county or the State from which property originates, has originated or may originate rainwater, sewage, liquid wastes, solid wastes, night soil or industrial wastes, which have entered or may enter such facilities, or to which is made available untreated water, potable water or water in any other state, as the case may be, and such owner or occupant of any such real property shall be liable for and shall pay such service charges to the county or the State at the time when and place where such service charges are due and payable.

      3.  Such service charges of the county or the State may accrue from any date which the board provides in any ordinance authorizing or other instrument pertaining to the issuance of any securities or in any contract with the Federal Government, the State, the county, any public body or any person.

      4.  For the purpose of charging to and collecting service charges from persons owning or occupying real property which is connected to the facilities of any public body in the county, the county, or the State acting through the board, may bring an action in any court of competent jurisdiction to compel the public body to disclose the names and addresses of all such persons.

      (Added to NRS by 1973, 1737; A 1977, 30)

      NRS 244A.535  Contracts for billing and collection of service charges.  The county, or the State acting through the board, may enter into a written contract with any public body or person providing for the billing and collection by such public body or person of any of the service charges levied by the board. If all or any part of any bill rendered by any such public body or person pursuant to any such contract is not paid, and if that public body or person renders any public utility service to the public body or person billed, that public body or person may discontinue its utility service until the bill is paid. The contract between the board and such public body or person may provide for such discontinuance.

      (Added to NRS by 1977, 17)

      NRS 244A.537  Service charges payable constitute general obligations; debt limits unaffected.  The Legislature has determined and does hereby declare that the obligations arising from time to time of the State or any public body to pay service charges fixed in connection with the county’s facilities shall constitute general obligations of the State or the public body charged with their payment; but as such obligations accrue for current services and benefits from and use of such facilities, the obligations shall not constitute an indebtedness of the State or the public body within the meaning of any constitutional, charter or statutory limitation or other provision restricting the incurrence of any debt.

      (Added to NRS by 1973, 1738)

      NRS 244A.539  Enforcement of collection of service charges by requiring tax levy.

      1.  The county, or the State acting through the board, may enforce the collection of service charges made thereby to any public body which fails to pay such charges within 90 days after they become due and payable, in addition to any other remedy fixed by contract or otherwise, by an action in the nature of a writ of mandamus or other action in any court of competent jurisdiction to compel the levy without limitation as to rate or amount, except for the limitation in Section 2 of Article 10 of the Nevada Constitution, by the governing body of the public body and the collection of taxes on and against all taxable property therein sufficient in amount to pay such delinquent charges, together with penalties for delinquencies, court costs, reasonable attorneys’ fees and other cost of collection.

      2.  The governing body of the public body may so levy such taxes sufficient for the payment of such charges as they become due and payable. The governing body may also apply for that purpose any other funds that may be in the treasury of the public body and legally available therefor, whether derived from any service charges imposed by the public body for the use of or otherwise in connection with its sewer system, or from any other source.

      3.  Upon such payments being made, the levy or levies of taxes for the payment of the service charges so imposed by the county or the State may thereupon to that extent be diminished.

      4.  Except to the extent specified in subsection 3, each such public body shall annually levy taxes as provided in subsection 1 sufficient in amount to pay such service charges of the county or the State promptly as they become due and payable.

      (Added to NRS by 1973, 1738; A 1977, 30)

      NRS 244A.541  Collection of service charges on tax roll: Election of alternative procedure.

      1.  The board may elect to have service charges for county or state facilities for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, and together with, the county’s general taxes. If it so elects, it shall cause a written report to be prepared and filed with the county clerk, which shall contain a description of each parcel of real property receiving such services and the amount of the charge for each parcel for such year, computed in conformity with the charges prescribed by the board.

      2.  This power to elect is alternative to all other powers of the board and this procedure is alternative to other procedures adopted by the board for the collection of such charges.

      3.  The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by him or her.

      4.  The board may limit its election to delinquent charges and may do so by preparing and filing the written report, giving notice and holding its hearing only as to such delinquencies.

      (Added to NRS by 1977, 17)

      NRS 244A.543  Collection of service charges on tax roll: Notice of filing report and of time and place of hearing.

      1.  Before the board may have service charges collected on the tax roll, the board shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the assessor. If the board adopts the report, the requirements for notice in writing to the persons to whom parcels of real property are assessed does not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as provided in this section is adequate.

      2.  The board shall cause notice of the filing of each report and of the time and place of hearing thereon to be published at least 10 but not more than 30 days prior to the date set for hearing in a newspaper of general circulation within the county.

      (Added to NRS by 1977, 17)

      NRS 244A.545  Collection of service charges on tax roll: Hearings; final report.

      1.  At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the board finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll.

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

      3.  After the hearing, when the board has made a final decision on a service charge or fee to be collected on the county tax rolls, the board shall cause to be prepared and filed a final report, which shall contain a description 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 is filed after the closing of the assessment roll but before the extension of the tax roll, the auditor shall insert the charges in such extension.

      (Added to NRS by 1977, 18)

      NRS 244A.547  Collection of service charges on tax roll: Lien; tax bill; applicability of laws pertaining to levy, collection and enforcement of general taxes.

      1.  The amount of service charges to be collected on the tax roll constitutes a lien against the lot or parcel of land against which the charges have been imposed as of the time when the lien of taxes on the roll attach.

      2.  The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter, the amount of the charges shall be collected at the same time, in the same manner and by the same persons as, and together with, the general taxes for the county. The charges become delinquent at the same time as such taxes and are subject to the same delinquency penalties.

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

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

      (Added to NRS by 1977, 18)

      NRS 244A.549  Lien for unpaid service charges.

      1.  Until paid, all service charges of the county or the State charged to any person owning or occupying real property in the county constitute a perpetual lien against the property served, superior to all liens, claims and titles other than liens for general taxes and special assessments. This lien is not extinguished by the sale of any property on account of nonpayment of any other lien, claim or title, including liens for general taxes and special assessments.

      2.  A lien for unpaid service charges may be foreclosed in the same manner as provided for the foreclosure of mechanics’ liens. Before any such lien is foreclosed the board shall hold a hearing on the lien after notice thereof by registered or certified first-class mail, postage prepaid, addressed to the last known owner at his or her last known address according to the records of the county in which the property is located.

      (Added to NRS by 1977, 16; A 1995, 2224)

      NRS 244A.551  Basic penalty for nonpayment of service charges.  The board may provide for a basic penalty for nonpayment of service charges within the time and in the manner prescribed by it. The basic penalty shall not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty it may provide for a penalty of not more than 1.5 percent per month for nonpayment of the charges and basic penalty. On the first day of the calendar month following the date of payment specified in the bill the charge becomes delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. The board may provide for collection of the penalties provided for in this section.

      (Added to NRS by 1977, 17)

      NRS 244A.553  Collection of delinquent service charges and penalties imposed by civil action.  The county, or the State acting through the board, may collect delinquent service charges and penalties due from the Federal Government, the State, the county, any public body or any person owning or occupying real property, by an action in any court of competent jurisdiction.

      (Added to NRS by 1977, 17)

      NRS 244A.555  Acquisition and transfer of certain facilities on behalf of State; funding of acquisition; recommendations by advisory committee for studies.

      1.  The board, on behalf of and in the name of the State of Nevada, may:

      (a) Acquire, hold, operate, maintain and improve the facilities defined in NRS 244A.475;

      (b) Acquire, hold, operate, maintain, improve and dispose of properties pertaining to the facilities defined in NRS 244A.475, including, without limitation, water and water rights, for the benefit and welfare of the people of this state;

      (c) Acquire the facilities defined in NRS 244A.475, wholly or in part directly by construction contract or otherwise, or indirectly by contract with the Federal Government, or any combination thereof, as the board may from time to time determine; and

      (d) Borrow money and otherwise become obligated in a total principal amount of not more than $78,000,000 to defray wholly or in part the cost of acquiring the facilities defined in NRS 244A.475, and issue state securities to evidence such obligations.

      2.  No project or phase of a project for the creation of facilities defined in NRS 244A.475 may be authorized for funding with state securities until such funding is approved by the Governor and, if the amount of state securities proposed exceeds $50,000,000, by the Legislative Commission of the Legislature.

      3.  The advisory committee may recommend to the board the implementation of design, engineering, specification development or pilot plant studies for the furtherance of any project or phase of a project to accomplish the development of the facilities defined in NRS 244A.475. The implementation of such recommendations to be financed by the issuance of state securities may be authorized by the board with the approval of the Governor and the Legislative Commission of the Legislature.

      4.  The board, on behalf of and in the name of the State of Nevada, may transfer all of its interest in any facility financed pursuant to NRS 244A.455 to 244A.573, inclusive, to a general improvement district operating pursuant to chapter 318 of NRS to provide sanitary facilities for sewage within the county. Any such transfer must be on terms and conditions that are mutually agreeable to the board of county commissioners and the board of trustees of the general improvement district. Upon such a transfer, except as otherwise provided in subsection 5, the board of trustees of the general improvement district is authorized to exercise on behalf of the State all powers that the board of county commissioners is authorized to exercise on behalf of the State pursuant to NRS 244A.455 to 244A.573, inclusive, including the power to issue state securities. The board of trustees of the general improvement district shall assume all duties and responsibilities of the board of county commissioners with respect to any facility financed pursuant to NRS 244A.455 to 244A.573, inclusive, and any bonds or other obligations of the State issued for those facilities. Upon such a transfer, all money held by the county pertaining to the facilities and any bonds or other obligations of the State issued for the facilities must be transferred to the general improvement district.

      5.  After a transfer pursuant to subsection 4, the board of county commissioners shall continue to fix, modify and collect or cause to be collected fees and charges pursuant to NRS 244A.523 to 244A.553, inclusive, and 244A.557, and shall transfer all fees and charges to the general improvement district to which the facility was transferred.

      (Added to NRS by 1973, 1738; A 1977, 31; 1989, 497)

      NRS 244A.557  Service charges for sewerage.  Although the board is empowered on behalf of the State to issue general obligation securities, the board shall assess the costs of the project against the users thereof through sewer service charges collected by or on behalf of the board at such times and in such amounts as will enable the State to pay in timely manner all operation and maintenance expenses and all principal of and interest on any state securities issued, sold and delivered to pay for all or any portion of the project, to accumulate and maintain any reserve and replacement accounts pertaining to the facilities and such securities provided in the ordinance or other proceedings relating thereto, and to make such payments, if any, as it is required to make to the Federal Government or any agency thereof, pursuant to any contract by which the Federal Government made a loan to the State for payment of any of the costs of the project. This section constitutes full and complete authority for the board to levy, collect and enforce such sewer service charges in such manner and in such amounts as the board determines appropriate from time to time.

      (Added to NRS by 1973, 1739; A 1977, 32)

      NRS 244A.559  Liability of county or State on its securities and other obligations.

      1.  The payment of county or state securities or any other obligations of the county or State shall not be secured by an encumbrance, mortgage or other pledge of property of the county or State, except for its pledged revenues, proceeds of taxes, proceeds of assessments, and any other money pledged for the payment of the securities or such other obligations.

      2.  No property of the county or the State, except as provided in subsection 5 of NRS 244A.507 and in subsection 1 of this section, is liable to be forfeited or taken in payment of any county or state securities or other obligations of the county or the State.

      (Added to NRS by 1973, 1740; A 1977, 32; 1981, 951)

      NRS 244A.561  No recourse based on securities against director, officer or agent of county or State.  No recourse may be had for the payment of the principal of, any interest on, or any prior redemption premiums due in connection with any bonds or other county or state securities or other obligations of the county evidenced by any other contract or for any claim based thereon or otherwise upon the ordinance or resolution authorizing the issuance of such securities or the incurrence of such other obligations or other instrument pertaining thereto, against any individual director or any officer or other agent of the county or the State, past, present or future, either directly or indirectly through the board or the county or State or otherwise, whether by virtue of any constitution or statute, or by the endorsement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance or by the making of any other contract specially waived and released.

      (Added to NRS by 1973, 1740; A 1977, 33)

      NRS 244A.563  Faith of State pledged not to impair securities.  The faith of the State is hereby pledged that NRS 244A.455 to 244A.573, inclusive, any law supplemental or otherwise pertaining thereto, and any other act concerning the bonds or other county or state securities, taxes or the pledged revenues, or any combination of such securities, such taxes and such revenues, shall not be repealed nor amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding county or state securities, until all such securities have been discharged in full or provision for their payment and redemption has been fully made, including, without limitation, from the known minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.

      (Added to NRS by 1973, 1740; A 1975, 1341; 1977, 33)

      NRS 244A.565  Contracts not binding on State until approved by Governor; exception.  Any contract, except a construction contract, entered into pursuant to the provisions of NRS 244A.555 for facilities as defined in NRS 244A.475 is not binding upon the State until executed or otherwise approved by the Governor, including, without limitation, the execution of securities by the Governor in the manner and as otherwise provided in the State Securities Law.

      (Added to NRS by 1973, 1740; A 1977, 33)

      NRS 244A.567  County’s officers to effectuate provisions of County Sewage and Wastewater Law.  The officers of the county are authorized and directed to take all action necessary or appropriate to effectuate the provisions of NRS 244A.455 to 244A.573, inclusive.

      (Added to NRS by 1973, 1741; A 1975, 1342)

      NRS 244A.569  County Sewage and Wastewater Law constitutes full authority for exercise of powers granted.

      1.  NRS 244A.455 to 244A.573, inclusive, without reference to other statutes of the State, except as herein otherwise expressly provided, constitute full authority for the exercise of powers herein granted, including, without limitation, the granting of contractual powers to the State, the county and the other public bodies and the financing of any project herein authorized wholly or in part and the issuance of county or state securities to evidence such loans.

      2.  No other act or law with regard to the making of contracts, the authorization or issuance of securities, other than the provisions of NRS 350.011 to 350.0165, inclusive, which apply only to the issuance of county securities, or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done applies to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special or local, except as provided herein, apply to the doing of the things herein authorized to be done, and the State, the county and any public body may not perform any of the acts herein authorized to be done, except as herein provided.

      4.  No notice, consent or approval by the State or any public body or officer thereof is required as a prerequisite to the sale or issuance of any county securities or the making of any contract or the exercise of any other power hereunder except as herein provided.

      5.  The powers conferred by NRS 244A.455 to 244A.573, inclusive, are in addition to and supplemental to, and the limitations imposed by such sections do not affect the powers conferred by any other law, general or special, and securities may be issued under those sections without regard to the procedure required by any other such law except as otherwise provided in those sections or in the State Securities Law. Insofar as the provisions of such sections are inconsistent with the provisions of any other law, general or special, the provisions of those sections are controlling.

      6.  No provision contained in NRS 244A.455 to 244A.573, inclusive, repeals or affects any other law or part thereof, it being intended that NRS 244A.455 to 244A.573, inclusive, provide a separate method of accomplishing their objectives and not an exclusive one.

      (Added to NRS by 1973, 1741; A 1975, 1342; 1977, 33)

      NRS 244A.571  Areawide waste management plan: Development; required elements.

      1.  The officers of the county shall develop an areawide waste management plan pursuant to NRS 244A.459, subject to the approval of the State Department of Conservation and Natural Resources. The county officers may revise this plan as often as they deem it necessary. A plan must include but need not be limited to the following:

      (a) The identification of treatment works necessary to meet the anticipated municipal and industrial needs of the area for the treatment of waste over a 20-year period, with an analysis of alternative systems, including:

             (1) Any requirements for the acquisition of land;

             (2) The necessary systems for collection of wastewater and management of urban storm water runoff; and

             (3) A program to provide the necessary financial arrangements for the development of the treatment works;

      (b) The establishment of priorities for the construction of the treatment works and time schedules for the initiation and completion of all treatment works;

      (c) The establishment of a regulatory program to:

             (1) Carry out the waste treatment management requirements of section 201(c) of P.L. 92-500 (33 U.S.C. § 1281(c));

             (2) Regulate the location, modification and construction of any facilities within the area which may result in any discharge in the area; and

             (3) Ensure that any industrial or commercial wastes discharged into any treatment works in the area meet applicable pretreatment requirements;

      (d) The identification of those agencies necessary to construct, operate and maintain all facilities required by the plan and otherwise to carry out the plan;

      (e) The identification of the measures necessary to carry out the plan (including financing), the period necessary to carry out the plan, the costs of carrying out the plan within that period, and the economic, social and environmental effect of carrying out the plan within that period;

      (f) A process to:

             (1) Identify, if appropriate, agriculturally and silviculturally related nonpoint sources of pollution, including runoff from areas used for the disposal of manure and from land used for the production of livestock and crops; and

             (2) Set forth procedures and methods, including requirements for land use, to control to the extent feasible those sources;

      (g) A process to:

             (1) Identify, if appropriate, mine-related sources of pollution including new, current and abandoned surface and underground mine runoff; and

             (2) Set forth procedures and methods, including requirements for land use, to control to the extent feasible those sources;

      (h) A process to:

             (1) Identify sources of pollution related to construction; and

             (2) Set forth procedures and methods, including requirements for land use, to control to the extent feasible those sources;

      (i) A process to:

             (1) Identify, if appropriate, salt water intrusion into rivers, lakes and estuaries resulting from reduction of fresh water flow from any cause, including irrigation, obstruction, groundwater extraction and diversion; and

             (2) Set forth procedures and methods to control such an intrusion to the extent feasible where the procedures and methods are otherwise a part of the waste treatment management plan;

      (j) A process to control the disposition of all residual waste generated in the area which could affect water quality; and

      (k) A process to control the disposal of pollutants on land or in subsurface excavations within the area to protect the quality of ground and surface water.

      2.  In developing the elements of the areawide waste management plan, the county shall provide the most efficient areawide management system for the area.

      (Added to NRS by 1975, 1334; A 1987, 373)

      NRS 244A.573  Areawide waste management plan: Ordinances and regulations; enforcement.

      1.  The county shall adopt all necessary ordinances, regulations and policies to effectuate the adopted areawide waste management plan described in subsection 1 of NRS 244A.571.

      2.  All ordinances, regulations and policies adopted by the county shall be enforced by all local political subdivisions in the area covered by the plan.

      3.  The county shall police the area to insure compliance with the areawide waste management plan and adopted ordinances, regulations and policies. If it is found that the areawide waste management plan or the adopted ordinances, regulations and policies are not being enforced by all local political subdivisions, the county may bring action in a court of competent jurisdiction to insure compliance.

      (Added to NRS by 1975, 1335)

COUNTY FAIR AND RECREATION BOARDS

General Provisions

      NRS 244A.597  County’s powers concerning recreational facilities.

      1.  In addition to powers elsewhere conferred upon counties, any county is authorized and empowered:

      (a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better fairgrounds, exposition buildings, convention halls, auditoriums, fieldhouses, amusement halls, public parks, playgrounds, swimming pools, golf courses, recreation centers, museums, zoos, historical sites, other recreational facilities and buildings therefor, and improvements incidental thereto;

      (b) To equip and furnish the same;

      (c) To acquire a suitable site or grounds for any recreational facilities;

      (d) To issue bonds therefor (or any combination thereof), at one time, or from time to time; and

      (e) To advertise, publicize and promote the recreational facilities located in the county which are owned by the county, the State or an incorporated city in the county.

      2.  Recreational facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds as are used for recreational purposes.

      [1:383:1955]—(NRS A 1961, 300, 453; 1963, 99; 1965, 10; 1969, 1576; 1973, 1509)

      NRS 244A.599  County fair and recreation boards: Creation; number, appointment and terms of members in county whose population is less than 100,000.

      1.  Whenever the board of county commissioners of any county or the Board of Supervisors of Carson City desires the powers granted in NRS 244A.597 to 244A.655, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of those powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive. After approval of the resolution, the county or city clerk shall:

      (a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and

      (b) In the case of a county, cause a certified copy of the resolution to be mailed by registered or certified mail to the mayor or other chief executive officer of each incorporated city within the county.

      2.  In counties whose population is 100,000 or more, the county fair and recreation board must be selected as provided in NRS 244A.601 or 244A.603.

      3.  In counties whose population is less than 100,000, and in which there are more than two incorporated cities, each incorporated city, except an incorporated city which is the county seat, must be represented by one member and any incorporated city which is the county seat must be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his, her or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered or certified mail to the county clerk.

      4.  In counties whose population is less than 100,000, and in which there are only two incorporated cities, each incorporated city must be represented by one member who must be appointed and certified as provided in subsection 3, and the board of county commissioners shall appoint four representatives as follows:

      (a) Two members to represent the hotel or motel operators in the county.

      (b) One member to represent the other commercial interests in the county.

      (c) One member to represent the county at large.

      5.  In counties whose population is less than 100,000, and in which there are fewer than two incorporated cities, any incorporated city which is the county seat must be represented by one member, who must be appointed and certified as provided in subsection 3, and the board of county commissioners shall appoint three representatives as follows:

      (a) One member to represent the motel operators in the county.

      (b) One member to represent the hotel operators in the county.

      (c) One member to represent the other commercial interests in the county.

      6.  In all counties whose population is less than 100,000, one member of the board of county commissioners must be appointed by the county commissioners to serve on the board for the remainder of his or her term of office.

      7.  In all counties whose population is less than 100,000, and in which there is no incorporated city, the board of county commissioners shall appoint one member to represent the county at large.

      8.  In Carson City the Board of Supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:

      (a) Two members to represent the hotel and motel operators in the city.

      (b) One member to represent the other commercial interests in the city.

      (c) One member who is a member of the Board of Supervisors.

      (d) One member to represent the city at large.

      9.  Members who are not elected officials shall serve for 2-year terms.

      10.  The terms of all elected officials are coterminous with their terms of office. Any such member may succeed himself or herself.

      [2:383:1955]—(NRS A 1961, 300, 453; 1963, 100, 791; 1965, 10; 1967, 1377; 1969, 95, 322, 1535; 1971, 337; 1977, 819; 1979, 515; 1991, 60; 2001, 484; 2003, 2263)

      NRS 244A.601  County fair and recreation board in county whose population is 100,000 or more but less than 700,000: Number, appointment and terms of members; vacancies.

      1.  In any county whose population is 100,000 or more, and less than 700,000, the county fair and recreation board consists of 13 members who are appointed as follows:

      (a) Two members by the board of county commissioners.

      (b) Two members by the governing body of the largest incorporated city in the county.

      (c) One member by the governing body of the next largest incorporated city in the county.

      (d) Except as otherwise provided in subsection 2, eight members by the members appointed pursuant to paragraphs (a), (b) and (c). The members entitled to vote shall select:

             (1) One member who is a representative of air service interests from a list of nominees submitted by the airport authority of the county. The nominees must not be elected officers.

             (2) One member who is a representative of motel operators from a list of nominees submitted by one or more associations that represent the motel industry.

             (3) One member who is a representative of banking or other financial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

             (4) One member who is a representative of other business or commercial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

             (5) One member who is a representative of other business or commercial interests, including gaming establishments, from a list of nominees submitted by a visitor’s bureau, other than a county fair and recreation board or a bureau created by such a board, that is authorized by law to receive a portion of the tax on transient lodging, if any. If no such bureau exists in the county, the nominations must be made by the chamber of commerce of the third largest township in the county.

             (6) Three members who are representatives of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the county in the preceding year, from a list of nominees submitted by the association. If there is no such association, the three appointed members must be representative of gaming.

Ê If the members entitled to vote find the nominees on a list of nominees submitted pursuant to this paragraph unacceptable, they shall request a new list of nominees.

      2.  The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. The members appointed pursuant to paragraph (d) of subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself or herself only once.

      3.  If a member ceases to be engaged in the business or occupation which he or she was appointed to represent, he or she ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.

      4.  Any member appointed by the board of county commissioners or a governing body of a city must be a member of the appointing board or body.

      (Added to NRS by 1977, 817; A 1979, 516; 1983, 1663; 1989, 1903; 1991, 819, 1977; 1995, 2804; 1999, 2016; 2001, 561; 2011, 1117)

      NRS 244A.603  County fair and recreation board in county whose population is 700,000 or more: Number, appointment and terms of members; vacancies.

      1.  In any county whose population is 700,000 or more, the county fair and recreation board consists of 14 members selected as follows:

      (a) Two members by the board of county commissioners from their own number.

      (b) Two members by the governing body of the incorporated city with the largest population in the county from their own number.

      (c) One member by the governing body of the incorporated city with the second largest population in the county from their own number.

      (d) One member by the governing body of the incorporated city with the third largest population in the county from their own number.

      (e) One member by the governing body of the incorporated city with the smallest population in the county from their own number.

      (f) One member by the governing body of one of the other incorporated cities in the county from their own number.

      (g) Six members to be appointed by the members selected pursuant to paragraphs (a) to (f), inclusive, of which:

             (1) Three members must be selected from a list of nominees submitted by the chamber of commerce of the incorporated city with the largest population in the county. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members appointed pursuant to this subparagraph must be selected as follows:

                   (I) Two members who are representatives of tourism, at least one of whom must be a representative of the resort hotel business; and

                   (II) One member who is a representative of other commercial interests or interests related to tourism.

             (2) Three members must be selected from a list of nominees submitted by the association of gaming establishments whose membership in the county collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members selected pursuant to this subparagraph must be representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the incorporated city with the largest population in the county.

      2.  If there is more than one incorporated city in the county that is eligible to appoint the member provided in paragraph (f) of subsection 1, the board of county commissioners shall facilitate a biennial rotation of the authority to appoint that member among those cities.

      3.  Any vacancy occurring on a county fair and recreation board must be filled by the authority entitled to appoint the member whose position is vacant.

      4.  After the initial appointments of members appointed pursuant to paragraph (g) of subsection 1, all members must be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he or she was appointed to represent, he or she ceases to be a member, and another person engaged in that business must be appointed to fill the unexpired term. Any such member may succeed himself or herself.

      5.  The term of the member appointed pursuant to paragraph (f) of subsection 1 is 2 years, commencing on July 1 of each odd-numbered year.

      6.  The terms of members appointed pursuant to paragraphs (a) to (e), inclusive, of subsection 1 are coterminous with their terms of office. Any such member may succeed himself or herself.

      (Added to NRS by 1967, 1378; A 1969, 658; 1971, 339; 1973, 500, 1512; 1975, 1104, 1490; 1977, 468; 1979, 517; 1989, 174, 1903; 1993, 904; 1999, 1416; 2005, 2689; 2011, 1118)

      NRS 244A.605  Vacancies; reorganization of board.

      1.  Whenever a vacancy occurs among the members of any county fair and recreation board by reason of resignation, death, expiration of a member’s elected term of office, an increase in population, or otherwise, the vacancy must be filled by the board of county commissioners, in case of county members, and by the chief executive with the approval of the legislative body of the city, in case of city members.

      2.  Except as otherwise provided in subsection 3, during January of each odd-numbered year, each county fair and recreation board in this State shall reorganize by electing the officers designated in subsection 1 of NRS 244A.611.

      3.  During July of each even-numbered year, each county fair and recreation board in any county whose population is 100,000 or more, but less than 700,000, shall reorganize by electing the officers designated in subsection 1 of NRS 244A.611.

      4.  The officers elected pursuant to subsections 2 and 3 hold office for the ensuing biennium, or until their successors are elected and qualified. Any vacancy among such officers occurring between biennial elections must be filled by the county fair and recreation board to serve out the unexpired term of his or her predecessor.

      [3:383:1955]—(NRS A 1957, 365; 1987, 943; 1989, 1904; 2011, 1119)

      NRS 244A.607  Name of board: Designation; use.  Each county fair and recreation board may, by resolution, designate the name by which the fair and recreation board of that county shall be known, and the name designated may contain the name of the largest incorporated city within the county. It shall be lawful for the fair and recreation board of such county to use such designated name for all purposes, including the right to contract, to sue and be sued, and to perform all of its functions and exercise all of its powers.

      (Added to NRS by 1967, 1379; A 1969, 1537; 1973, 501)

      NRS 244A.609  Members: Oath; bond; compensation.

      1.  Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:

      (a) The member’s oath of office.

      (b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his or her duties as a member of the board.

      2.  Except as otherwise provided in subsection 3, no member may receive any compensation as an employee of the board or otherwise, and no member of the board may be interested in any contract or transaction with the board or the county except in his or her official representative capacity.

      3.  Each member of a board created and existing in a county whose population is 100,000 or more is entitled to receive $480 per month or $80 for each meeting of the board or a committee of the board attended, whichever amount is less.

      [Part 5:383:1955]—(NRS A 1957, 365; 1961, 374; 1967, 1378; 1969, 1536; 1971, 266; 1979, 518; 1981, 1227; 1991, 820, 1978)

      NRS 244A.611  Officers: Election and duties.

      1.  The board shall choose one of its members as chair and one of its members as vice chair, and shall elect a secretary and a treasurer, who may be members of the board. The secretary and the treasurer may be one person.

      2.  The secretary shall keep audio recordings or transcripts of all meetings and, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records must be open to the inspection of all owners of real property in the county as well as to all other interested persons, at all reasonable times and places. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

      3.  The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the county. The treasurer shall file with the county clerk, at county expense, a corporate fidelity bond in an amount not less than $5,000, conditioned for the faithful performance of his or her duties.

      [Part 5:383:1955]—(NRS A 1973, 1509; 2005, 1408; 2013, 327)

      NRS 244A.613  Meetings; quorum; seal.

      1.  The board shall meet regularly at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the board require, on notice to each board member.

      2.  A majority of the members shall constitute a quorum at any meeting. Every motion and resolution of the board shall be adopted by at least a majority of the members present and constituting the quorum at such meeting.

      3.  The board shall adopt a seal.

      [Part 5:383:1955] + [6:383:1955]

      NRS 244A.615  Compliance with Local Government Budget and Finance Act.  As provided by law, the county fair and recreation board shall comply with the provisions of the Local Government Budget and Finance Act.

      (Added to NRS by 1967, 1379; A 2001, 1821)

      NRS 244A.617  Loans by counties for preliminary costs of organization.  The board of county commissioners of any county proceeding under the provisions of NRS 244A.597 to 244A.655, inclusive, is authorized to advance such money to the board as may be necessary to pay the preliminary organization, administration and engineering costs thereof, including bond elections as provided in NRS 244A.597 to 244A.655, inclusive, on such terms of repayment as may be agreed upon, and the county is authorized to secure the necessary money in the manner provided by law authorizing medium-term obligations.

      [7:383:1955]—(NRS A 1975, 15; 1995, 1815)

      NRS 244A.619  Powers and duties of board.  In addition to powers elsewhere conferred, the county fair and recreation board of any county, upon behalf of the county and in connection with the recreational facilities herein authorized, is authorized and empowered:

      1.  To establish, construct, purchase, lease, enter into a lease purchase agreement respecting, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreational facilities, including personal property, real property, lands, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.

      2.  To insure or provide for the insurance of any recreational facility against such risks and hazards as the board may deem advisable.

      3.  To arrange or contract for the furnishing by any person, agency, association or corporation, public or private, of services, privileges, works or facilities for, or in connection with, a recreational facility; and to hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys, or other professional or specialized personnel.

      4.  To direct the board of county commissioners, with the concurrence of the board, to acquire by the exercise of the power of eminent domain any real property which the county fair and recreation board may deem necessary for its purposes under NRS 244A.597 to 244A.655, inclusive, after the adoption by the board of a resolution declaring that its acquisition is necessary for such purposes. This power shall be exercised in the manner provided by any applicable statutory provisions and laws of the State of Nevada. Title to property so acquired shall be taken in the name of the county.

      5.  To sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of NRS 244A.597 to 244A.655, inclusive, including the lease of any recreational facility acquired by the county under the provisions of NRS 244A.597 to 244A.655, inclusive, which is to be operated and maintained as a public project and recreational facility.

      6.  To fix, and from time to time increase or decrease, rates, tolls or charges for services or facilities furnished in connection with any recreational facility, and to take such action as necessary or desirable to effect their collection, and, with the consent of the board of county commissioners, to provide for the levy by the board of county commissioners of ad valorem taxes, the proceeds thereof to be used in connection with the recreational facilities.

      7.  To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to any recreational facility or related properties, including but not limited to annual grants to the State, the county and incorporated cities in the county for capital improvements for recreational facilities.

      8.  To enter into contracts, leases or other arrangements for commercial advertising purposes with any person, partnership or corporation.

      9.  To exercise all or any part or combination of the powers herein granted to such county, except as herein otherwise provided.

      10.  To sue and be sued.

      11.  To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of NRS 244A.597 to 244A.655, inclusive.

      [8:383:1955]—(NRS A 1963, 793; 1973, 1509)

      NRS 244A.621  Additional powers of board.  The county fair and recreation board, in addition to the other powers conferred upon a county fair and recreation board by NRS 244A.597 to 244A.655, inclusive, may:

      1.  Set aside a fund in an amount that it considers necessary and which may be expended in the discretion of the board to promote or attract conventions, meetings and like gatherings that will utilize the recreational facilities authorized by NRS 244A.597. The expenditure is hereby declared to be an expenditure made for a public purpose.

      2.  Solicit and promote tourism and gaming generally, both individually and through annual grants in cash or in kind including lease of its facilities to the chambers of commerce of the incorporated cities within the county which respectively represent all of the residents of those cities, or other nonprofit groups or associations, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the board and to enhance the general economy. The promotion of tourism, gaming or the use of facilities may include advertising the facilities under control of the board and the resources of the community or area, including tourist accommodations, transportation, entertainment, gaming and climate. The advertising may be done jointly with a private enterprise.

      3.  Enter into contracts for advertising pursuant to this section and pay the cost of the advertising, including a reasonable commission.

      (Added to NRS by 1967, 1379; A 1973, 1513; 1983, 1170; 1989, 1018, 1192)

      NRS 244A.622  Use of money to pay cost of improving, operating, maintaining or improving access to certain airports.

      1.  Except as otherwise provided in subsections 2 and 3, in a county whose population is 700,000 or more, the county fair and recreation board, in addition to any other powers, may also use any money that it receives to pay the cost of projects for improving, operating or maintaining an airport, or any combination thereof, including, without limitation, projects designed to encourage tourism or to improve access to airports by tourists.

      2.  Money may only be used pursuant to this section with respect to an airport that is not less than 90 miles by road from any airport owned by the county with 100 or more scheduled flights per day.

      3.  No money may be expended pursuant to this section with respect to a particular airport in excess of $500,000 during any fiscal year.

      (Added to NRS by 1993, 2331; A 1995, 108; 2011, 1120)

      NRS 244A.623  Transactions extending beyond terms of members.  Members of a county fair and recreation board may enter into contracts, leases, franchises and other transactions extending beyond their terms of office as members of the county fair and recreation board.

      (Added to NRS by 1977, 818)

      NRS 244A.625  Appropriation and expenditure of money for recreational facilities in certain counties.  In any county whose population is 100,000 or more and less than 700,000, the county fair and recreation board may at any time appropriate and authorize the expenditure of money derived from any source and under the jurisdiction of the board for recreational facilities as described in NRS 244A.597, regardless of any limitations in any transfer to the board of the proceeds of any license taxes or other money initially caused to be collected by any political subdivision, but subject to any contractual limitations pertaining to money so appropriated and subject to any existing appropriations and any other encumbrances on that money to meet obligations existing when the appropriation is made, accrued or not accrued and determinable or contingent.

      (Added to NRS by 1971, 266; A 1979, 518; 1989, 1905; 2011, 1120)

      NRS 244A.627  Limitations on powers of board concerning real property in certain counties.  Notwithstanding any other provision of law, no county fair and recreation board in a county whose population is 100,000 or more and less than 700,000 may:

      1.  Acquire, purchase, lease, sell or dispose of any real property or engage in any other transaction relating to real property if the transaction may result in any debt or bonds for which the county may be responsible, in whole or in part, or affects any existing debt or bonds for which the county is responsible, in whole or in part; or

      2.  Sell or lease to a person or governmental entity any real property within the county which is located in a city whose population is less than 220,000,

Ê without prior approval of the board of county commissioners.

      (Added to NRS by 1963, 792; A 1969, 1536; 1979, 519; 1989, 1905; 2009, 2266; 2011, 1120)

      NRS 244A.629  Acceptance of federal aid.

      1.  In addition to the powers conferred upon a county fair and recreation board by other provisions of NRS 244A.597 to 244A.655, inclusive, a board, for the county, is empowered to borrow money or accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, for or in aid of any recreational facility within its area of operation, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.

      2.  The purpose and intent of NRS 244A.597 to 244A.655, inclusive, is to authorize every county to do any and all things necessary, convenient or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, acquisition, construction, maintenance or operation of any recreational facility of the county.

      [9:383:1955]—(NRS A 2003, 2264)

      NRS 244A.631  Recreational facilities subject to local zoning and other regulations.  All recreational facilities of the county shall be subject to planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the recreational facility is situated.

      [10:383:1955]

      NRS 244A.633  Free tickets and passes restricted.  The county fair and recreation board shall not, as a condition precedent to the use of any recreational facility by any person, firm or corporation, demand or receive any free tickets, passes or other items authorizing admission without payment to any event, display, gathering, sporting event, convention or the like held or conducted in the recreational facility under the control of the board.

      (Added to NRS by 1967, 1379)

Bonds for Recreational Facilities

      NRS 244A.637  Issuance of general obligation or revenue bonds.

      1.  For the acquisition of any recreational facilities authorized in NRS 244A.597 to 244A.655, inclusive, for the purposes described in subsection 3, or for any combination thereof, the county fair and recreation board, at any time or from time to time may:

      (a) In the name of and on behalf of the county, issue:

            (1) General obligation bonds, payable from taxes; and

             (2) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such recreational facilities, and, if so determined by the board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue by the county, or otherwise, as may be legally made available for their payment;

      (b) In the name of and on behalf of the county fair and recreation board, issue revenue bonds:

             (1) Payable from the net revenues to be derived from the operation of such recreational facilities;

             (2) Secured by a pledge of revenues from any tax on the rental of transient lodging levied for revenue by the county or a city;

             (3) Secured by any other revenue that may be legally made available for their payment; or

             (4) Payable or secured by any combination of subparagraph (1), (2) or (3); and

      (c) Make a contract with the United States of America, or any agency or instrumentality thereof, or any other person or agency, public or private, creating an indebtedness if a question authorizing such contract is submitted to and approved by a majority of the qualified electors of the county in the manner provided in NRS 350.020 to 350.070, inclusive. This paragraph does not apply to contracts for the prepayment of rent or other similar obligations.

      2.  Revenue bonds issued pursuant to this section must be authorized by resolution of the county fair and recreation board, and no further approval by any person, board or commission is required.

      3.  In a county whose population is 700,000 or more, the county fair and recreation board shall, at the request of the Department of Transportation, use its commercially reasonable best efforts to issue bonds as provided in subsections 1 and 2 for the purpose of providing money to the Department of Transportation to assist in paying the cost of any project in the county for which bonds are authorized to be issued pursuant to NRS 408.273.

      4.  Bonds may be issued for the purposes described in subsection 3 only if:

      (a) The county fair and recreation board determines that the provision of money for the purposes described in subsection 3 is essential to providing access to tourists to the recreational and tourism facilities of the county, including, without limitation, the recreational facilities of the county fair and recreation board;

      (b) The bonds are issued in compliance with any contractual limitations set forth in the instruments authorizing any outstanding bonds issued as provided in subsections 1 and 2; and

      (c) The aggregate principal amount of bonds issued for the purposes described in subsection 3, excluding any bonds issued to refund those bonds, does not exceed the lesser of:

             (1) Three hundred million dollars; or

             (2) An amount which the county fair and recreation board determines can be repaid, as to all principal and interest, over a period of not more than 30 years with the expenditure of not more than $20,000,000 per year.

      5.  All determinations of the county fair and recreation board under this section shall be deemed to be conclusive, absent fraud or a gross abuse of discretion.

      6.  The issuance and payment of bonds issued pursuant to subsection 3 is hereby declared to be a use which is in fulfillment of the statutory requirements of NRS 244A.645 and of any requirements of any ordinance pursuant to which a tax is levied for the benefit of the county fair and recreation board or transferred thereto, and no such ordinance may be repealed or amended in any manner which would affect adversely the receipt and use by the county fair and recreation board of the revenues pledged to any bonds issued pursuant to this section, during the term of the bonds issued pursuant to this section or any bonds that refund those bonds.

      7.  Any money provided to the Department of Transportation pursuant to subsection 3 must be deposited in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235 and expended for the purposes described in subsection 3 of this section.

      [12:383:1955]—(NRS A 1969, 1577; 1981, 952; 1999, 987; 2007, 1587; 2011, 1121)

      NRS 244A.638  Annual report by Department of Transportation on highway construction projects undertaken with money received from issuance of bonds.  The Department of Transportation shall, not later than December 31 of each year:

      1.  Prepare an annual report on all the projects undertaken with the money deposited in the State Highway Fund pursuant to NRS 244A.637. The report must include:

      (a) For each of those projects:

             (1) The amount of that funding expended on the project.

             (2) The amount of any other funding expended on the project.

             (3) The timeline for the completion of the project.

             (4) Specific information regarding any delays in the project as a result of any variances from the Department’s projections of scheduling and costs.

            (5) The status of:

                   (I) The definition of the project.

                   (II) The preliminary engineering for the project.

                   (III) The environmental documentation for the project.

                   (IV) The acquisition of required rights-of-way for the project.

                   (V) The date of advertisement for bids on the project.

                   (VI) The date of operational completion of the project.

      (b) The total number of those projects that have been completed and, for each completed project:

             (1) Whether the project was completed early or on time.

             (2) Whether the project remained within its planned scope.

             (3) Whether the project was completed for less than or for the amount of its budgeted expenses.

             (4) Any specific measures of transportation improvement resulting from the project.

      2.  Submit the annual report to:

      (a) The Governor.

      (b) The Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.

      (Added to NRS by 2007, 1598)

      NRS 244A.641  Execution of bonds and coupons.  The bonds and any coupons must be executed in the manner provided in the Local Government Securities Law; but the bonds must also bear the manual or facsimile signature of the chair of the county fair and recreation board.

      [15:383:1955]—(NRS A 1957, 366; 1959, 413; 1967, 222; 1969, 1285, 1578; 1985, 258)

      NRS 244A.643  Sale of bonds; employment of expert services.  The board is authorized to sell such bonds from time to time in the manner prescribed in NRS 350.115 to 350.195, inclusive, and may employ legal, fiscal, engineering or other expert services in connection with the acquisition, improvement, extension or betterment of the improvements or facilities and with the authorization, issuance and sale of the bonds.

      [16:383:1955]—(NRS A 1967, 222; 1995, 1022)

      NRS 244A.645  Powers of board concerning license taxes assigned or appropriated by cities, towns and counties.  In connection with any license taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with NRS 244A.597 to 244A.655, inclusive, the county fair and recreation board of any county, upon behalf of the county, in addition to powers elsewhere conferred, may:

      1.  Collect the proceeds of such taxes from time to time, receive, control, invest and order the expenditure of all money pertaining thereto, prescribe a procedure therefor, including, but not limited to:

      (a) Enforcing the collection of any delinquent taxes and providing penalties in connection therewith, including, without limitation, the suspension of the business license issued by a county, city or town to a transient lodging facility and the closure of a transient lodging facility for failure to pay the tax on transient lodging; and

      (b) Creating an office and hiring personnel therefor.

      2.  Defray the reasonable costs of collecting and otherwise administering such taxes from not exceeding 10 percent of the gross revenues so collected, excluding from this limitation and from those gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer. The incorporated cities collectively and any county may enter into an agreement with the board for the payment of collection fees which may be more or less than 10 percent of the gross revenues collected by a particular city or the county, except that the total payment of collection fees to all the cities and the county must not exceed 10 percent of the combined gross revenues so collected.

      3.  Defray further with the proceeds of any such tax the costs of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining recreational facilities under the jurisdiction of the board, including, without limiting the generality of the foregoing, the payment of reasonable promotional expenses pertaining thereto, payment of reasonable expenses pertaining to the promotion of tourism and gaming generally, both individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive, including, but not limited to, making annual grants to the State, the county and incorporated cities in the county for capital improvements for recreational facilities, and of constructing, purchasing or otherwise acquiring any such recreational facilities.

      4.  Redeem any general obligation bonds or revenue bonds of the county issued pursuant to NRS 244A.597 to 244A.655, inclusive, principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.

      5.  Make contracts from time to time concerning any such license taxes, notwithstanding any such contract may limit the exercise of powers pertaining thereto, including the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax, but no such change may be made which prejudicially affects any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive, and each other political subdivision assigning or appropriating such taxes pertaining thereto must consent to any such modification.

      6.  Make rules and regulations concerning such license taxes, and provide penalties for the failure to comply therewith.

      (Added to NRS by 1960, 180; A 1973, 1511; 1975, 551; 1989, 1019; 1993, 2652; 1999, 988)

      NRS 244A.647  Collected license taxes held in trust.  All taxes, levied by a city, town or county for use in connection with NRS 244A.597 to 244A.655, inclusive, and collected by any motel, hotel or gaming establishment are public moneys from the moment of their collection and shall be held in trust by the establishment collecting such taxes for the use and benefit of the city, town or county levying such taxes or for the use of the county fair and recreation board where such revenues have been assigned or appropriated to the county fair and recreation board.

      (Added to NRS by 1969, 874)

      NRS 244A.649  Refund or credit of payment of license taxes; claim.

      1.  If the county fair and recreation board determines that any license tax assigned to it, or penalty or interest thereon, has been paid more than once or has been erroneously or illegally collected or computed, the board shall, subject to the conditions specified in this section, refund to the person or corporation or its successors, administrators, executors or assigns the excess amount collected or paid. In lieu of a refund, the board may grant a credit to the licensee against future license tax payments.

      2.  A refund or credit shall not be allowed unless a claim therefor is filed with the board within 2 years from the last date that the overpayment was made. Every claim shall be in writing and shall state the specific grounds upon which the claim is founded.

      3.  Failure to file a claim within the time prescribed constitutes a waiver of any demand against the city or county imposing the license tax and against the board.

      4.  Within 30 days after disallowing any claim, in whole or in part, the board shall serve notice of its action on the claimant.

      (Added to NRS by 1973, 315)

      NRS 244A.651  Revenue or general obligation bonds secured by pledge of revenues: Establishment, maintenance and revision of schedules of rates and fees.  In order to insure the payment of the revenue bonds of the county or of the general obligation bonds of the county, the payment of which is secured or is additionally secured, as the case may be, by a pledge of the revenues of the recreational facilities, of any such other income-producing project and of any such excise taxes, as provided in NRS 244A.637, or other such special obligation securities so secured or other such additionally secured general obligation securities of the county, the board may establish and maintain, and from time to time revise, a schedule or schedules of fees, rates and charges for services, facilities and commodities rendered by or through the recreational facilities, and any such other income-producing project and a schedule or schedules of any such excise taxes, as the case may be, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the county fair and recreation board or board of county commissioners authorizing the issuances of any of the bonds or other securities, including any covenant for the establishment of reasonable reserve funds.

      [21:383:1955]—(NRS A 1969,1579)

      NRS 244A.653  Debt limit of county whose population is 700,000 or more.  A county whose population is 700,000 or more shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities, other than any notes or warrants maturing within 1 year from the respective dates of their issuance, but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 5 percent of the total last assessed valuation of the taxable property in the county.

      [26:383:1955]—(NRS A 1969, 1545, 1579; 1979, 519; 1989, 1905; 1999, 837; 2011, 1122)

      NRS 244A.655  Debt limit of county whose population is less than 700,000.  A county whose population is less than 700,000 shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities, other than any notes or warrants maturing within 1 year from the respective dates of their issuance, but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 3 percent of the total last assessed valuation of the taxable property in the county.

      [27:383:1955]—(NRS A 1969, 1545, 1579; 1979, 519; 1989, 1905; 1999, 837; 2011, 1122)

COUNTY ECONOMIC DEVELOPMENT REVENUE BOND LAW

      NRS 244A.669  Short title.  NRS 244A.669 to 244A.763, inclusive, may be cited as the County Economic Development Revenue Bond Law.

      (Added to NRS by 1967, 1744; A 1975, 426; 1979, 684)

      NRS 244A.671  Definitions.  As used in NRS 244A.669 to 244A.763, inclusive, unless a different meaning clearly appears from the context, the words and terms defined in NRS 244A.672 to 244A.693, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1967, 1744; A 1973, 966; 1975, 426, 1384; 1985, 2179; 1987, 537; 1993, 1473)

      NRS 244A.672  “Affordable housing” defined.  “Affordable housing” means multifamily housing for families of low or moderate income that is eligible for tax-exempt financing under section 142 of the Internal Revenue Code of 1986, in effect on July 1, 1993, future amendments to that section and the corresponding provisions of future internal revenue laws.

      (Added to NRS by 1993, 1472)

      NRS 244A.673  “Board” defined.  “Board” means the board of county commissioners.

      (Added to NRS by 1967, 1745)

      NRS 244A.675  “Bonds” and “revenue bonds” defined.  “Bonds” or “revenue bonds” means bonds, notes or other securities evidencing an obligation and issued under NRS 244A.669 to 244A.763, inclusive.

      (Added to NRS by 1967, 1745)

      NRS 244A.677  “Capacity” defined.  “Capacity,” as used of a project for the generation and transmission of electricity, means the capability of the project to generate electricity, and is measured in units of electrical power.

      (Added to NRS by 1979, 677)

      NRS 244A.678  “Corporation for public benefit” defined.  “Corporation for public benefit” means a corporation that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986 in effect on July 1, 1993, future amendments to that section and the corresponding provisions of future internal revenue laws.

      (Added to NRS by 1993, 1472)

      NRS 244A.679  “Finance” and “financing” defined.  “Finance” or “financing” includes the issue of bonds by a county for the purpose of using substantially all of the proceeds to pay (or to reimburse the obligor or its designee) for the costs of acquiring, improving and equipping a project, whether these costs are incurred by the county, the obligor or a designee of the obligor. Title to or in such project may at all times remain in the obligor or the obligor’s designee or assignee and, in such case, the bonds of the county shall be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.

      (Added to NRS by 1975, 425)

      NRS 244A.681  “Financing agreement” defined.  “Financing agreement” means:

      1.  An agreement by which the county agrees to issue bonds pursuant to NRS 244A.669 to 244A.763, inclusive, to finance one or more projects and the obligor agrees to:

      (a) Make payments (directly or through notes, debentures, bonds or other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the county or the county’s designee or assignee, including a trustee, pursuant to such financing agreement) sufficient to pay the principal of, premium, if any, and interest on the bonds;

      (b) Pay other amounts required by NRS 244A.669 to 244A.763, inclusive; and

      (c) Comply with all other applicable provisions of NRS 244A.669 to 244A.763, inclusive; or

      2.  An agreement by which the county agrees to issue bonds to finance solely the costs of studies, surveys and options and the obligor or obligors undertake one or more of the obligations described in NRS 244A.701.

      (Added to NRS by 1975, 425; A 1979, 684)

      NRS 244A.682  “Health and care facility” defined.  “Health and care facility” means a hospital, facility for intermediate care, facility for skilled nursing or facility for the care of adults during the day, as those terms are defined in chapter 449 of NRS.

      (Added to NRS by 1981, 386; A 1983, 1656; 1985, 1758)

      NRS 244A.6825  “Historic structure” defined.  “Historic structure” means a building, facility or other structure which is eligible for listing in the State Register of Historic Places under NRS 383.085.

      (Added to NRS by 1985, 2179)

      NRS 244A.683  “Mortgage” defined.  “Mortgage” includes a deed of trust and any other security device for both real and personal property.

      (Added to NRS by 1967, 1745)

      NRS 244A.685  “Obligor” defined.  “Obligor” means the individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, who agrees to make the payments required by the financing agreement.

      (Added to NRS by 1975, 426)

      NRS 244A.687  “Pollution” defined.  “Pollution” means any form of environmental pollution including but not limited to water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination or noise pollution as determined by the various standards prescribed by this state or the Federal Government.

      (Added to NRS by 1973, 973)

      NRS 244A.689  “Project” defined.  “Project” means:

      1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for:

      (a) A manufacturing, industrial or warehousing enterprise;

      (b) An organization for research and development;

      (c) A health and care facility;

      (d) A supplemental facility for a health and care facility;

      (e) The purposes of a corporation for public benefit; or

      (f) Affordable housing.

      2.  The refinancing of any land, building or other improvement and any real and personal property necessary for:

      (a) A health and care facility;

      (b) A supplemental facility for a health and care facility;

      (c) The purposes of a corporation for public benefit; or

      (d) Affordable housing.

      3.  Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any natural person, partnership, firm, company, corporation, including a public utility, association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:

      (a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.

      (b) In connection with the furnishing of water if available on reasonable demand to members of the general public.

      (c) In connection with the furnishing of energy or gas.

      4.  Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.

      5.  Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.

      6.  In addition to the kinds of property described in subsections 2 and 3, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including, without limitation, any leases and any rights to take water or fuel.

      7.  The preservation of any historic structure or its restoration for its original or another use, if the plan has been approved by the Office of Historic Preservation of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1967, 1745; A 1973, 966; 1975, 426, 612, 1384; 1977, 586; 1979, 684; 1981, 386, 1621; 1985, 2179; 1993, 1473, 1545; 1995, 579; 2001, 936; 2011, 2951)

      NRS 244A.691  “Revenues” defined.  “Revenues” of a project, or derived from a project, include payments under a lease, agreement of sale or financing agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of an obligor executed and delivered by the obligor to the county or the county’s designee or assignee (including a trustee) pursuant to such lease, agreement of sale or financing agreement.

      (Added to NRS by 1975, 426)

      NRS 244A.692  “Supplemental facility for a health and care facility” defined.  “Supplemental facility for a health and care facility” includes a clinic, facility for outpatients, and any other structure or facility directly related to the operation of a health and care facility.

      (Added to NRS by 1981, 386)

      NRS 244A.693  “Warehousing” defined.  “Warehousing” means the consignment of personal property from outside this state to a private warehouse within this state for temporary storage during the transit of the property to a final destination outside the State.

      (Added to NRS by 1975, 1383)

      NRS 244A.695  Legislative intent.  It is the intent of the Legislature to authorize counties to finance, acquire, own, lease, improve and dispose of properties to:

      1.  Promote industry and employment and develop trade by inducing manufacturing, industrial and warehousing enterprises and organizations for research and development to locate in, remain or expand in this State to further prosperity throughout the State and to further the use of the agricultural products and the natural resources of this State.

      2.  Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.

      3.  Protect the health, safety and welfare of the public and promote private industry, commerce and employment in this State by:

      (a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which would cause pollution; and

      (b) Furnishing energy, including electricity to the public, if available on reasonable demand, and providing facilities to transmit electricity for sale outside the State.

      4.  Promote the health of residents of the county by enabling a private enterprise to acquire, develop, expand and maintain health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality to those residents at reasonable rates.

      5.  Promote the educational, cultural, economic and general welfare of the public by financing the preservation of historic structures in the county, or their restoration for the original or another use, in order to preserve structures of historic interest.

      6.  Promote the social welfare of the residents of the county by enabling corporations for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents.

      7.  Promote the social welfare of the residents of the county by financing the acquisition, development, construction, improvement, expansion and maintenance of affordable housing in the county.

      (Added to NRS by 1967, 1745; A 1973, 967; 1975, 426, 1384; 1977, 586; 1979, 685; 1981, 387, 1621; 1985, 2180; 1993, 1474)

      NRS 244A.696  Exercise of powers by county; liberal construction.

      1.  Each county is vested with all the powers necessary to accomplish the purposes set forth in NRS 244A.695, but these powers must be exercised for the health, safety and welfare of the inhabitants of this state.

      2.  NRS 244A.669 to 244A.763, inclusive, must be liberally construed in conformity with the purposes set forth in NRS 244A.695.

      (Added to NRS by 1985, 2179)

      NRS 244A.697  General powers.  In addition to any other powers, each county has the following powers:

      1.  To finance or acquire, whether by construction, purchase, gift, devise, lease or sublease or any one or more of such methods, and to improve and equip one or more projects or parts thereof, which except as otherwise provided in this subsection must be located within this state, and which may be located within or partially within that county. If a project is for the generation and transmission of electricity and the county deems it necessary:

      (a) To connect the project with facilities located outside this state, transmitting facilities necessary for that interconnection may be located outside this state, but financing for those transmitting facilities must be limited to the amount necessary to interconnect the project with the nearest compatible transmitting facility of the participant in the project with which the connection is to be made.

      (b) To acquire or develop fuel or water or rights thereto, or to transport fuel or water from outside the county or State, the necessary facilities, fuel, water or rights thereto may be located wholly outside the county or outside the State.

Ê Any water rights for such a project to be obtained by appropriation may only be appropriated within the boundaries of the county within which the generating facility is located, unless the board of county commissioners of another county approves the appropriation within its boundaries for that purpose.

      2.  To finance, sell, lease or otherwise dispose of any or all its projects upon such terms and conditions as the board considers advisable.

      3.  To issue revenue bonds for the purpose of financing or defraying all or any portion of the cost of acquiring, improving and equipping any project as set forth in NRS 244A.737.

      4.  To secure payment of such bonds as provided in NRS 244A.669 to 244A.763, inclusive.

      5.  If a project is for the generation and transmission of electricity, to own the project in its entirety or an undivided interest in the project with one or more other owners, and to enter into agreements with respect to any matters relating to common ownership of the project, including, without limitation, matters relating to the ownership, acquisition, construction, improvement, equipping, financing, operation and maintenance of the project.

      6.  To take such actions as are necessary or useful in order to undertake, carry out, accomplish and otherwise carry out the provisions of NRS 244A.669 to 244A.763, inclusive, including the adoption of resolutions, which may be introduced and adopted at the same special or regular meeting of the board and which become effective upon adoption unless otherwise specified in the resolution.

      (Added to NRS by 1967, 1745; A 1973, 967; 1975, 427; 1979, 686; 2001, 2074)

      NRS 244A.6975  Issuance of bonds for affordable housing or residential housing for corporation for public benefit.  The governing body of a county may approve the issuance of bonds for a project for affordable housing or for any form of residential housing for the purposes of a corporation for public benefit only if:

      1.  The amount of the bonds to be issued is less than $15,000,000;

      2.  An independent consultant hired by the governing body has reported favorably on the financial feasibility of the project;

      3.  The bonds will be sold to not more than 10 investors, each of whom certifies that he or she:

      (a) Has a net worth of $500,000 or more; and

      (b) Is purchasing the bonds for investment and not for resale; and

      4.  The issuance of the bonds is approved by the State Board of Finance, unless the amount of the bonds to be issued is $5,000,000 or less.

      (Added to NRS by 1993, 1472)

      NRS 244A.698  Restrictions on powers of county.  A county may not, under NRS 244A.669 to 244A.763, inclusive:

      1.  Operate any manufacturing, industrial or warehousing enterprise or an organization for research and development to which it provided assistance; or

      2.  Assist any manufacturing, industrial or warehousing enterprise or organization for research and development to locate in the county, except for:

      (a) Health and care facilities;

      (b) Supplemental facilities for health and care facilities;

      (c) Facilities established by corporations for public benefit; and

      (d) Affordable housing,

Ê which would compete substantially with an enterprise or organization already established in that county for substantially the same intrastate markets.

      (Added to NRS by 1985, 2179; A 1993, 1474)

      NRS 244A.699  Power to sell capacity of project for generation and transmission of electricity and to charge for use of transmitting facilities; right of first refusal of electric utilities; unconditional contractual obligations.

      1.  A county which acquired or which contemplates acquiring a project for the generation and transmission of electricity may sell all or part of its capacity and may charge for the use of its transmitting facilities, and for this purpose may contract with one or more purchasers. The amount sold or charged to any purchaser or any combination thereof must not exceed the amount allowable under the Internal Revenue Code of 1954, as amended, or the United States Treasury Regulations prescribed thereunder so as to result in a change in or loss of the exemption from federal income tax or the exclusion from gross income for the purposes of federal income tax for the interest paid, or to be paid, on any bonds issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project, unless the bonds are issued pursuant to NRS 244A.702.

      2.  If a county decides to sell capacity of the project after the expiration of all of the initial contracts for such sale, it shall give a first right of refusal to electric utilities which primarily serve retail customers in this state to purchase that capacity. No right of first refusal arises at any time by virtue of this section if and to the extent that, under the Internal Revenue Code and regulations prescribed thereunder as they exist at that time, such a right of first refusal would or could result in a change in or loss of the exemption from federal income tax or the exclusion from gross income for the purposes of federal income tax for the interest paid or to be paid on any bonds issued or to be issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project, unless the bonds are issued pursuant to NRS 244A.702.

      3.  Any agreement between a county and a purchaser of all or part of the capacity of a project may include a provision that the obligation of the purchaser to make payments:

      (a) Exists whether or not:

             (1) The project or any part thereof is completed, operating or capable of operation; or

             (2) The generation of electricity from the project is stopped or reduced for any reason.

      (b) Must not be reduced by offset or otherwise.

      (c) Is not conditional upon the performance, by any party to the agreement described in this subsection, of that party’s obligation under any other agreement.

      (Added to NRS by 1979, 677; A 1985, 641; 1987, 537)

      NRS 244A.701  Project for generation and transmission of electricity: Studies, surveys and options.  A county may issue bonds to finance solely the costs of studies, surveys and options with respect to a project for the generation and transmission of electricity. Before doing so, the county shall arrange for the repayment of those costs under an agreement or agreements which may provide for the purchase by the obligor or obligors thereunder of the studies, surveys and options through payments sufficient to pay the principal of and interest on the bonds issued to finance those costs if and to the extent the principal of and interest on such bonds are not paid from the proceeds of additional bonds issued to finance the remaining costs of the project. If the obligor or obligors decide that the project is not feasible, they shall pay the costs of the studies, surveys and options within 1 year. Such agreements may also include a commitment or agreement by the county to enter into contracts at a later date for the sale of all or part of the capacity of the project to or for the use of the transmitting facilities of the project by the obligors and for the construction and operation of such project by one or more purchasers of capacity of the project. The terms and provisions of such contracts to be executed at a later date must be approved by the board of county commissioners at the time of or before the first issuance of bonds.

      (Added to NRS by 1979, 678)

      NRS 244A.702  Project for generation and transmission of electricity: Issuance of taxable bonds to acquire, improve or equip project.

      1.  A county may issue revenue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax to finance or defray all or any portion of the cost of acquiring, improving and equipping a project for the generation and transmission of electricity.

      2.  A county may:

      (a) Designate the portion of the capacity of the project which is to be owned by the county and the portion of the costs of the project which is to be financed with such bonds.

      (b) Provide that such bonds are secured and payable separately from other bonds issued for the project, and provide for the allocation of the proceeds of the bonds and the revenues derived from the project.

      (Added to NRS by 1987, 536)

      NRS 244A.703  Project for generation and transmission of electricity: Sale and issuance of additional bonds.

      1.  If a county determines, in the proceedings or an agreement with respect to the first issuance of bonds for the purpose of financing a portion of the cost of a project for the generation and transmission of electricity, subsequently to issue additional bonds to finance the costs of the project, the costs of any improvements to the project which are necessary to meet the requirements of any governmental authority, and the costs of any replacements in the project occasioned by damage to, or the destruction or taking of, all or any part of the project, then the county is obligated, and it is the duty of the board of county commissioners or other appropriate officers, to sell and issue such additional bonds from time to time as may be necessary if:

      (a) All conditions to their issuance contained in any contractual arrangement between the county and a lessee, purchaser or other obligor have been satisfied; and

      (b) The terms of the bonds to be issued do not violate any law of this state in effect at the time of passage of the resolution authorizing the issuance of the bonds.

      2.  The requirements of NRS 244A.707 and 244A.711 do not apply to the issuance of bonds pursuant to this section.

      (Added to NRS by 1979, 678)

      NRS 244A.705  Enforcement of county’s obligation to issue additional bonds or to contract for sale of capacity or for construction and operation of project.  Any lessee, purchaser, obligor, trustee or other representative of bondholders or any other interested party is entitled as of right to the enforcement of the obligations, if any, of the county to sell and issue additional bonds to finance the remaining costs of acquiring, improving, and equipping a project, or to contract for the sale of the capacity of the project or for the construction and operation of a project, by mandamus or other suit, action or proceeding at law or in equity to compel the county, its board of county commissioners or other appropriate officers to perform those obligations.

      (Added to NRS by 1979, 680)

      NRS 244A.707  Notice and public hearing by board of county commissioners.  Except as otherwise provided in NRS 244A.703, before availing itself of the powers conferred by NRS 244A.697, 244A.699 or 244A.703 with respect to any project, a board of county commissioners shall:

      1.  Give notice of its intention by publication at least once in a newspaper of general circulation published in the county, or if there is no such newspaper then in a newspaper of general circulation in the county published in the State; and

      2.  Hold at least one public hearing, not less than 10 nor more than 20 days after the date of publication of the notice.

      (Added to NRS by 1967, 1745; A 1979, 686)

      NRS 244A.709  Details of proposed terms and conditions of transaction not required in notice.  The board of county commissioners may enter into any contract, lease or other agreement or transaction appropriate to carry out the provisions of NRS 244A.669 to 244A.763, inclusive, even though it extends beyond their terms of office, without setting forth in detail in any notice the proposed terms or conditions thereof.

      (Added to NRS by 1979, 680)

      NRS 244A.711  Determinations required of board of county commissioners after public hearing; operating history and other evidence of sufficient financial resources required of contemplated lessee, purchaser or obligor.

      1.  Except as otherwise provided in NRS 244A.703, after holding the required public hearing, the board shall proceed no further unless or until it:

      (a) Except as otherwise provided in subsection 2, determines by resolution the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;

      (b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;

      (c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing, or then has in effect, a rating within one of the top four rating categories of either Moody’s Investors Service, Inc., or Standard and Poor’s Ratings Services, except that a municipal or other public supplier of electricity in this state, a public utility regulated by the Public Utilities Commission of Nevada, the obligor with respect to a project described in NRS 244A.6975, the owner of a historic structure, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;

      (d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and

      (e) If the project is for the generation and transmission of electricity, determines by resolution that the project will serve one or more of the purposes set forth in NRS 244A.695 and specifies in the resolution its findings supporting that determination.

      2.  If the project is for the generation and transmission of electricity, the board may estimate the total amount of money necessary for its completion, and the total amount of money which may be provided by the county in connection with the project may exceed the estimate, without the requirement for any further public hearings to be held in connection therewith, to the extent that the excess is required to complete the project or to finance any improvements to or replacements in the project and the county has previously determined to finance the remaining costs of acquiring, improving and equipping the project.

      3.  The board may refuse to adopt such a resolution with respect to any project even if all the criteria of subsection 1 are satisfied. If the board desires to adopt such a resolution with respect to any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the State Board of Finance. In requesting this approval, the board of county commissioners shall transmit to the State Board of Finance all evidence received pursuant to subsection 1.

      4.  If any part of the project or improvements is to be constructed by a lessee or the lessee’s designee, a purchaser or the purchaser’s designee or an obligor or the obligor’s designee, the board shall provide, or determine that there are provided, sufficient safeguards to ensure that all money provided by the county will be expended solely for the purposes of the project.

      (Added to NRS by 1967, 1746; A 1973, 968; 1975, 428, 780; 1977, 587; 1979, 456, 687; 1981, 388; 1985, 2182; 1993, 1475; 1997, 1604, 1976)

      NRS 244A.713  Bonds to be special obligations.

      1.  All bonds issued by a county under the authority of NRS 244A.669 to 244A.763, inclusive, shall be special, limited obligations of the county. The principal of and interest on such bonds shall be payable, subject to the security provisions herein, solely out of the revenues derived from the financing, leasing or sale of the project to be financed by the bonds.

      2.  The bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the county within the meaning of any provision or limitation of the Constitution of the State of Nevada or statutes, and shall not constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers. Such limitation shall be plainly stated on the face of each such bond.

      (Added to NRS by 1967, 1746; A 1973, 968; 1975, 428)

      NRS 244A.715  Form and terms of bonds.

      1.  The bonds must:

      (a) Be authorized by resolution;

      (b) Be in such denominations;

      (c) Bear such date or dates;

      (d) Mature at such time or times not exceeding 40 years from their respective dates;

      (e) Be in such form;

      (f) Carry such registration privileges;

      (g) Be executed in such manner, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which manual signature may be either an official of the county or an officer of the trustee authenticating the same;

      (h) Be payable at such place or places within or without the State; and

      (i) Be subject to such terms of redemption,

Ê as the authorizing resolution may provide.

      2.  The resolution may fix a rate or rates of interest, or provide for the determination of the rate or rates from time to time by a designated agent according to a specified standard and procedure.

      3.  Except as otherwise provided in this subsection, the bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the county, in its discretion, determines. In the case of a project for the generation and transmission of electricity, the determination with respect to the manner of sale of the bonds must be made in the best interest of the participants, upon the recommendation and with the concurrence of the management committee. As an incidental expense of the project, the county, in its discretion, may employ financial and legal consultants in regard to the financing of the project.

      4.  The bonds are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

      (Added to NRS by 1967, 1746; A 1971, 2098; 1975, 428; 1977, 588; 1979, 688; 1981, 389; 1983, 1159)

      NRS 244A.717  Security.  The principal of, the interest on and any prior redemption premiums due in connection with the bonds shall be payable from, secured by a pledge of and constitute a lien on the revenues out of which such bonds shall be made payable. In addition, they may, in the discretion of the county, be secured by:

      1.  A mortgage covering all or any part of the project, or upon any other property of the lessee, purchaser or obligor, or by a pledge of the lease, the agreement of sale or the financing agreement with respect to such project, or both.

      2.  A pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.

Ê No county is authorized to pledge any of its property or otherwise secure the payment of any bonds with its property, except that the county may pledge the property of the project or the revenues therefrom.

      (Added to NRS by 1967, 1747; A 1973, 968; 1975, 429; 1977, 589)

      NRS 244A.719  Terms of resolution and instruments.  The resolution under which the bonds are authorized to be issued, and any indenture or mortgage given to secure the same, may contain any provisions customarily contained in instruments securing bonds and constituting a covenant with the bondholders, including, but not limited to:

      1.  Custody of the proceeds from the sale of the bonds, including their investment and reinvestment until used to finance or defray the cost of the project.

      2.  The fixing and collection of payments, with respect to the project to be made under the lease, the agreement of sale or the financing agreement.

      3.  The terms to be incorporated in the lease, the agreement of sale or the financing agreement with respect to the project.

      4.  The maintenance and insurance of the project.

      5.  The creation of funds and accounts into which any bond proceeds, revenues and income may be deposited or credited.

      6.  Limitation on the purpose to which the proceeds of any bonds then or thereafter to be issued may be applied.

      7.  Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the refunding of bonds and the replacement of bonds.

      8.  The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated.

      9.  Vesting in a trustee or trustees located within or without this state such properties, rights, powers and duties in trust as the board may determine, and limiting the rights, duties and powers of such trustees.

      10.  The rights and remedies available in case of a default to the bondholders or to any trustee under the lease, agreement of sale, financing agreement, indenture or a mortgage.

      (Added to NRS by 1967, 1747; A 1973, 969; 1975, 429)

      NRS 244A.720  Issuance of bonds by Director of Department of Business and Industry as special obligations of State.

      1.  The board may exercise its power to issue bonds and to redeem them by requesting the Director of the Department of Business and Industry to issue bonds to finance any project for which bonds could be issued pursuant to NRS 244A.669 to 244A.763, inclusive.

      2.  If the Director believes that the bonds are marketable under the terms set forth in the resolution of the board requesting their issuance, the Director may proceed to issue them as special obligations of the State, secured only by the revenues, mortgage or pledge specified in the resolution.

      3.  The Director may receive and disburse the revenues of each project for which the Director has issued bonds, and may charge from those revenues, or directly to the county if those revenues are not sufficient, a reasonable compensation for his or her services. The Director may exercise any power which the board would have to collect payments due from the obligor.

      (Added to NRS by 1981, 1620; A 1993, 1546)

      NRS 244A.721  Types of authorized investments; bank deposits and disbursements.

      1.  The county may provide that proceeds from the sale of bonds and special funds from the revenues of the project must be invested and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as may be provided in the proceedings under which the bonds are authorized to be issued, including, but not limited to:

      (a) Bonds or other obligations of the United States of America.

      (b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.

      (c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

      (d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any such state.

      (e) Prime commercial paper.

      (f) Prime finance company paper.

      (g) Bankers’ acceptances drawn on and accepted by commercial banks.

      (h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

      (i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.

      (j) Money market mutual funds that:

             (1) Are registered with the Securities and Exchange Commission;

             (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

             (3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by the securities.

      2.  The county may also provide that such proceeds or funds or investments and the payments payable under the lease, the agreement of sale or the financing agreement must be received, held and disbursed by one or more banks, credit unions or trust companies located within or out of this state.

      (Added to NRS by 1967, 1747; A 1973, 969; 1975, 430; 1997, 2870; 1999, 1464)

      NRS 244A.723  Construction of project.  The county may also provide that:

      1.  The project and improvements to be constructed, if any, shall be constructed by the county, lessee or the lessee’s designee, purchaser or purchaser’s designee, obligor or obligor’s designee, or any one or more of them on real estate owned by the county, the lessee or the lessee’s designee, or the purchaser or the purchaser’s designee, or the obligor or the obligor’s designee, as the case may be.

      2.  The bond proceeds shall be disbursed by the trustee bank or banks, trust company or trust companies, during construction upon the estimate, order or certificate of the lessee or the lessee’s designee or of the purchaser or the purchaser’s designee, or of the obligor or the obligor’s designee.

      (Added to NRS by 1967, 1748; A 1973, 970; 1975, 431)

      NRS 244A.725  Limitation on county’s obligation.  In making such agreements or provisions, a county shall not obligate itself, except with respect to the project and the application of the revenues therefrom and bond proceeds therefor.

      (Added to NRS by 1967, 1748)

      NRS 244A.727  Rights upon default.

      1.  The resolution authorizing any bonds or any indenture or mortgage securing such bonds may provide that if there is a default in the payment of the principal of, the interest on, or any prior redemption premiums due in connection with the bonds or in the performance of any agreement contained in such resolution, indenture or mortgage, the payment and performance may be enforced by mandamus or by the appointment of a receiver with power to charge, collect and apply the revenues from the project in accordance with the resolution or the provisions of the indenture or mortgage.

      2.  Any mortgage to secure bonds issued thereunder, may also provide that if there is a default in the payment thereof or a violation of any agreement contained in the mortgage, it may be foreclosed and there may be a sale in any manner permitted by law. Such mortgage may also provide that any trustee under such mortgage or the holder of any bonds secured thereby may become the purchaser at any foreclosure sale if he or she is the highest bidder and may apply toward the purchase price unpaid bonds at the face value thereof.

      (Added to NRS by 1967, 1748; A 1975, 431)

      NRS 244A.729  Determination of costs of financing.

      1.  Prior to the initial leasing, sale or financing of any project, the board shall by resolution determine:

      (a) The amount, or reasonably anticipated range of amounts, necessary in each year to pay the principal of and the interest on the first bonds proposed to be issued to finance such project and on any subsequent issues of bonds which may be permitted under the lease, sale or financing and authorizing resolutions pertinent to financings hereunder.

      (b) The amount necessary to be paid each year into any reserve funds which the board may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.

      (c) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased, sold or financed provide that the lessee, purchaser or obligor shall maintain the project and carry all proper insurance with respect thereto.

      2.  The determination and findings of the board, required to be made by subsection 1, shall be set forth in the resolution under which the proposed bonds are to be issued, but the foregoing amounts need not be expressed in dollars and cents in the lease, agreement of sale or financing agreement and the resolution under which the bonds are authorized to be issued, but may be set forth in the form of a formula or formulas, or if the project is for the generation and transmission of electricity, in any other form which provides a basis for determining the required amounts.

      (Added to NRS by 1967, 1749; A 1973, 970; 1975, 431; 1979, 688; 1983, 1160)

      NRS 244A.731  Lease, sale or financing of project.  Except as otherwise provided for bonds issued to finance preliminaries to or any costs connected with a project for the generation and transmission of electricity, before issuing any bonds authorized by NRS 244A.669 to 244A.763, inclusive, the county shall lease, sell or finance the project under an agreement conditioned upon completion of the project and providing for payment to the county of such revenues as, upon the basis of such determinations and findings, will be sufficient to:

      1.  Pay the principal of and interest on the bonds issued to finance the project.

      2.  Build up and maintain any reserves deemed advisable by the board in connection therewith.

      3.  Pay the costs of maintaining the project in good repair and keeping it properly insured, unless the lease, agreement of sale or financing agreement obligates the lessee, purchaser or obligor to pay for the maintenance and insurance on the project.

      (Added to NRS by 1967, 1749; A 1973, 971; 1975, 432; 1979, 689)

      NRS 244A.733  Option to purchase.

      1.  If the project is to be leased, the lease may grant the lessee an option to purchase all or a part of the project at a stipulated purchase price or prices or at a price or prices to be determined upon appraisal as provided in the lease.

      2.  The option may be exercised at such time or times as the lease may provide.

      3.  The county and the lessee may agree and provide in the lease that all or a part of the rentals paid by the lessee prior to and at the time of the exercise of such option shall be applied toward such purchase price and shall be in full or partial satisfaction thereof.

      (Added to NRS by 1967, 1749; A 1973, 971)

      NRS 244A.735  Refunding.

      1.  Any bonds issued under the provisions of NRS 244A.669 to 244A.763, inclusive, and at any time outstanding may at any time and from time to time be refunded by a county by the issuance of its refunding bonds in such amount as the board may deem necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection therewith.

      2.  Any such refunding may be effected, whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof, directly or indirectly, to the payment of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby, but the holders of any bonds to be so refunded shall not be compelled, without their consent, to surrender their bonds for payment or exchange prior to the date on which they are payable by maturity date, option to redeem or otherwise, or if they are called for redemption, prior to the date on which they are by their terms subject to redemption by option or otherwise. Except to the extent expressly or impliedly inconsistent with the terms of NRS 244A.669 to 244A.763, inclusive, the provisions of the Local Government Securities Law govern the issuance of such refunding bonds and the establishment of any escrow in connection therewith.

      3.  All refunding bonds, issued under authority of this section, shall be payable solely from revenues out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.

      (Added to NRS by 1967, 1749; A 1975, 432; 1977, 589)

      NRS 244A.737  Application of proceeds; components of cost of project.

      1.  The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds is not needed for the purpose for which the bonds were issued, such unneeded portion of such proceeds shall be applied to the payment of the principal of or the interest on the bonds.

      2.  The cost of acquiring, improving and equipping any project shall be deemed to include the actual cost of acquiring and improving a site or the cost of the construction of any part of a project which may have been constructed, plus the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, equipment and extension of any project, including, without limitation:

      (a) The cost of studies and surveys, and the acquisition of options to purchase any real or personal property or interest therein;

      (b) Plans, specifications, architectural and engineering costs;

      (c) Legal, organization, marketing or other special services;

      (d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings;

      (e) Rehabilitation, reconstruction, repair or remodeling of existing buildings;

      (f) Acquisition, installation, construction, reconstruction, repair, alteration and improvement of fixtures, machinery, equipment and furnishings;

      (g) Acquisition of resources, facilities and supplies, including rights thereto, for fuel, fuel transportation and water;

      (h) Working capital and reserves;

      (i) An initial bond and interest reserve together with interest on bonds issued to finance such projects to a date 6 months subsequent to the estimated date of completion; and

      (j) All other necessary and incidental expenses, including expenses incurred to assist in meeting the financial demands placed by a project upon the population of, or services furnished by, this state, a county, city or town, or any political subdivision, agency or district thereof or created thereby, and capital contributions made by the county to, or facilities provided by the county for the use of, any corporation or other legal entity to minimize pollution in the vicinity of the project, if that pollution relates to the simultaneous operations of the project and the corporation or other legal entity in those areas.

      3.  The authorization to expend money for the purposes listed in paragraph (g) of subsection 2 does not preempt the authority of any state regulatory agency which has jurisdiction over the resources, facilities or supplies to be acquired.

      4.  In establishing the budget to determine the rate of ad valorem taxation for a particular taxing entity for a fiscal year, the amount to be paid in that fiscal year by the county which owns or is financing a project, from the revenues of or the proceeds of bonds issued for the project, as assistance in meeting the financial demands placed by the project upon the people of or the services furnished by that taxing entity, must be offset against the expenditures to be made by the taxing entity in that fiscal year for those purposes.

      (Added to NRS by 1967, 1750; A 1973, 971; 1975, 433; 1979, 689)

      NRS 244A.739  Payment and contribution by county prohibited; exceptions.

      1.  Except as otherwise provided in this section, a county shall not pay out of its general fund or otherwise contribute any part of the costs of acquiring, improving and equipping a project.

      2.  A county shall not use land already owned by the county, or in which the county has an equity interest for the construction of a project unless:

      (a) The land was specifically acquired for the purpose of a project;

      (b) The board determines that the land is no longer necessary for other purposes of the county; or

      (c) The land is conveyed to a nonprofit organization pursuant to NRS 244.287.

      3.  The entire cost of acquiring, improving and equipping any project must be paid out of the proceeds from the sale of the bonds, but this provision does not prevent a county from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project, including the completion of the project by the lessee, purchaser or obligor without any cost or liability to the county.

      (Added to NRS by 1967, 1750; A 1975, 433; 1997, 1737)

      NRS 244A.741  Operation by county prohibited.

      1.  When all principal of, interest on and any prior redemption premiums due in connection with the bonds issued for a project have been paid in full, and if an option to purchase or option to renew a lease, if any, contained in such lease has not been exercised as to all of the property contained in the project, the lease shall terminate and the county shall sell such remaining property or devote the same to county purposes other than those authorized by NRS 244A.669 to 244A.763, inclusive.

      2.  No county may operate any project as a business or in any other manner except as a lessor or seller thereof. If the project is for the generation and transmission of electricity, and the county retains ownership and sells the electricity generated or charges for the use of the transmitting facilities, the project must be constructed and operated by one or more of the purchasers of that electricity or users of the transmitting facilities pursuant to agreement with the county.

      3.  Any such sale which is not made pursuant to exercise of an option to purchase by the lessee or pursuant to an agreement of sale shall be conducted in the same manner as is then provided by law governing the issuer’s sale of surplus property.

      (Added to NRS by 1967, 1750; A 1973, 972; 1979, 690)

      NRS 244A.743  Project for generation and transmission of electricity: Legislative approval and determination of limit of capacity.

      1.  A county shall not commence the construction of a project for the generation and transmission of electricity to be financed pursuant to NRS 244A.669 to 244A.763, inclusive, until the Legislature approves the project in general terms and fixes the limit of the capacity of its generating facilities. After a project is originally so approved, no further legislative approval is required except the addition of generating facilities. For the purposes of this subsection, construction is commenced when excavation is begun for the foundations of a unit for the generation of electricity.

      2.  Approval by the Legislature does not preempt the authority of any state regulatory agency, including, without limitation, the Public Utilities Commission of Nevada, the State Environmental Commission and the State Department of Conservation and Natural Resources. The county shall determine, with the concurrence of the management committee, the capacity of the project to generate electricity, within the limit fixed by the Legislature. This determination must be made before the county applies to the Public Utilities Commission for a permit to construct any generating unit.

      (Added to NRS by 1979, 681; A 1997, 1977)

      NRS 244A.745  Project for generation and transmission of electricity: Establishment, composition, powers and duties of committee to manage project.

      1.  A county which undertakes a project for the generation and transmission of electricity shall provide in financing agreements for the project or in the contracts for the sale of capacity of the project, and contracts for participation in ownership of the project, if any, for the establishment of a management committee. The committee must be composed of voting members, each of whom represents one or more purchasers of capacity or participating owners of an undivided interest in the project, and three nonvoting representatives of the county, appointed by the board of county commissioners. Each voting member is entitled to a vote equal to the total entitlement to capacity of the participant or participants represented by that member. The agreements or contracts must fix the numbers of voting members and the manner of their appointment.

      2.  Action may be taken by the committee upon an affirmative vote of voting members representing owner-participants and purchaser-participants entitled to, in the aggregate, not less than 80 percent of the capacity of the project. The management committee shall exercise general supervision of the construction and operation of the project, including the approval of all major contracts and other major matters relating to construction and operation of the project. These include, without limitation, contracts and matters relating to the acquisition of resources, facilities and supplies, including rights thereto, for fuel, transportation of fuel, and water for the project.

      3.  The generating facilities of such project must be designed by a nationally recognized architectural and engineering firm of favorable reputation selected by the management committee. Unless otherwise provided for by the management committee, all materials and construction for the project shall be competitively bid upon terms determined by the management committee.

      4.  All other matters relating to the powers, duties, organization and operation of such committee must be provided by the financing agreements or contracts.

      (Added to NRS by 1979, 681)

      NRS 244A.753  County’s property exempt from taxation; taxation of lessee, purchaser or obligor.  Pursuant to NRS 361.060, all property owned by a county pursuant to NRS 244A.669 to 244A.763, inclusive, is exempt from taxation. The lessee or purchaser shall pay whatever taxes are assessed to him or her pursuant to NRS 361.157 and 361.159, and any obligor shall pay whatever taxes are assessed to him or her in the same manner as any other taxpayer.

      (Added to NRS by 1967, 1751; A 1973, 972; 1975, 433; 1979, 691)

      NRS 244A.755  Project for generation and transmission of electricity: Payment in lieu of taxes.

      1.  If a project is for the generation and transmission of electricity, payments must be made as provided in this section:

      (a) In lieu of ad valorem taxes on property owned by the county, and distributed in the same manner as those taxes would be distributed pursuant to NRS 361.320; and

      (b) In lieu of the sales and use tax, local school support tax and city-county relief tax on tangible personal property purchased or used, and distributed in the same manner as the tax would be distributed pursuant to NRS 372.780, 374.785, 377.055 or 377.057, whichever applies.

      2.  The payments in lieu of taxes specified in paragraph (b) of subsection 1 must be paid on any incident of sale, use, storage or other consumption of property which, pursuant to the Sales and Use Tax Act, Local School Support Tax Law or an ordinance or ordinances adopted pursuant to the City-County Relief Tax Law, would be taxable if the exemptions for counties contained, respectively, in NRS 372.325 and 374.330 were not applicable. No such payment applies to any incident previously subjected to a sales or use tax. Except as otherwise provided in this section and except to the extent that they would be inconsistent with the provisions of this section, the provisions of the Sales and Use Tax Act, Local School Support Tax Law, the City-County Relief Tax Law, any ordinance or ordinances adopted pursuant thereto, and other laws of the State dealing with taxes on the sale or use of tangible personal property govern the collection, payment, method of protest, exemptions and other matters relating to the payments required in lieu of these taxes.

      3.  The payments in lieu of ad valorem taxes must equal the ad valorem taxes that would have been payable were the project subject to ad valorem taxation and to assessment pursuant to NRS 361.320. This section does not preclude the Legislature from changing the method of assessment or allocation of payments in lieu of ad valorem taxes. The due date of payments in lieu of ad valorem taxes to a particular taxing entity and the tax rate with respect to the portion of the valuation of a project allocated to that entity must be determined in the same manner as for property which is subject to ad valorem taxation by that taxing entity.

      4.  The county shall, in the agreement with each purchaser of capacity require that the purchaser, or all of them collectively, make timely payments, whether or not the capacity is taken or available, sufficient in time and amount, to the extent that such payments are not otherwise provided for from bond proceeds or other funds specifically made available therefor, to provide for the payments in lieu of taxes required by this section. The agreements must provide the method of determining the amount of such payments to be made by each such purchaser.

      5.  The payments in lieu of taxes required by this section during the construction of the project are the responsibility of the participant who, pursuant to subsection 2 of NRS 244A.741, is constructing the project and the payments in lieu of taxes during the period of operation of the project are the responsibility of the participant who, pursuant to that subsection, is operating the project. The responsibility of making such payments is limited to the extent that there is legally available to the responsible participant, from the payments, proceeds or other funds mentioned in subsection 4, money to make such payments and the obligation of such participant or participants to make such payments in lieu of taxes is not a general obligation or liability of the responsible participant. That participant shall take appropriate action to enforce the obligation, provided for in subsection 4, of the participants in the project. A payment in lieu of taxes must not be made to the extent that the making of the payment would cause a deficiency in the money available to the county to make required payments of principal of, premium, if any, or interest on any bonds issued by the county to finance the project or to make required payments to any funds established under the proceedings under which such bonds were issued and secured. No lien attaches upon any property or money of the county or any property or money of the participant or participants mentioned in the first sentence of this subsection by virtue of any failure to pay all or any part of any in lieu of taxes. The participant or participants constructing or operating the project or any other participant in the project may contest the validity of any payment in lieu of a tax to the same extent as if such payment were a payment of the tax itself. The payments in lieu of taxes must be reduced if and to the extent that such contest is successful.

      6.  So long as a purchaser of capacity of the project is required to make payments pursuant to subsection 4, that purchaser is not required to make any payment of tax pursuant to NRS 361.157 or 361.159 in respect of its interest or rights in that project.

      7.  The obligations to make payments in lieu of taxes required by this section do not constitute a debt or indebtedness of the county and do not constitute or give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers.

      (Added to NRS by 1979, 679; A 1981, 1782; 1991, 1433)

      NRS 244A.757  Eminent domain not available; exception.

      1.  Except as otherwise provided in subsection 2, no land acquired by a county by the exercise of condemnation through eminent domain can be used for the project to effectuate the purposes of NRS 244A.669 to 244A.763, inclusive.

      2.  If the project is for the generation and transmission of electricity, the county financing the project may acquire land or rights-of-way for generating facilities within its own boundaries, and may acquire land or rights-of-way for transmission facilities or facilities for the production or transportation of fuel or water within or outside its boundaries, by the exercise of condemnation through eminent domain, unless the property to be acquired is owned or otherwise subject to use or control by public utilities within the State.

      (Added to NRS by 1967, 1751; A 1979, 691)

      NRS 244A.759  Limitation of actions.  No action may be brought questioning the legality of any contract, lease, agreement, indenture, mortgage, resolution proceedings or bonds executed, adopted or taken in connection with any project or improvements authorized by NRS 244A.669 to 244A.763, inclusive, after 30 days from the effective date of that contract, lease, agreement, indenture, or mortgage or the resolution first authorizing the issuance of those bonds, as the case may be.

      (Added to NRS by 1967, 1751; A 1973, 972; 1975, 434; 1979, 691)

      NRS 244A.761  Faith of State pledged against repeal, amendment or modification of County Economic Development Revenue Bond Law.  The faith of the State is hereby pledged that NRS 244A.669 to 244A.763, inclusive, will not be repealed, amended or modified to impair any outstanding bonds or any revenues pledged to their payment, or to impair, limit or alter the rights or powers vested in a county to acquire, finance, improve and equip a project in any way that would jeopardize the interest of any lessee, purchaser or other obligor, or to limit or alter the rights or powers vested in the county to perform any agreement made with any lessee, purchaser or other obligor, until all bonds have been discharged in full or provision for their payment and redemption has been fully made.

      (Added to NRS by 1979, 680)

      NRS 244A.763  County Economic Development Revenue Bond Law constitutes full authority for exercise of powers granted.

      1.  NRS 244A.669 to 244A.763, inclusive, without reference to other statutes of this State, constitute full authority for the exercise of powers granted in those sections, including, but not limited to, the authorization and issuance of bonds.

      2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 244A.669 to 244A.763, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

      3.  The provisions of no other law, either general or local, except as provided in NRS 244A.669 to 244A.763, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except:

      (a) As otherwise provided in those sections.

      (b) That a project for the generation and transmission of electricity is subject to review and approval by the state regulatory agencies which have jurisdiction of the matters involved, including, without limitation, the Public Utilities Commission of Nevada, the State Environmental Commission and the State Department of Conservation and Natural Resources.

      4.  No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 244A.669 to 244A.763, inclusive, except as provided in those sections.

      5.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this State or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable to any action taken pursuant to NRS 244A.669 to 244A.763, inclusive, except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the county for work to be done in a project.

      6.  Any bank or trust company located within or without this State may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 244A.669 to 244A.763, inclusive, without the necessity of associating with any other person or entity as cofiduciary except that such association is not prohibited.

      7.  The powers conferred by NRS 244A.669 to 244A.763, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.

      8.  No part of NRS 244A.669 to 244A.763, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

      (Added to NRS by 1967, 1751; A 1973, 972; 1975, 434; 1979, 691; 1987, 707; 1991, 2346; 1997, 1977)

SURCHARGE FOR ENHANCEMENT OR IMPROVEMENT OF TELEPHONE SYSTEM USED FOR REPORTING EMERGENCY

      NRS 244A.7641  Definitions.  As used in NRS 244A.7641 to 244A.7647, inclusive, unless the context otherwise requires:

      1.  “Mobile telephone service” means cellular or other service to a telephone installed in a vehicle or which is otherwise portable.

      2.  “Place of primary use” has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on August 1, 2002.

      3.  “Supplier” means a person authorized by the Federal Communications Commission to provide mobile telephone service.

      4.  “Telephone system” means a system for transmitting information between or among points specified by the user that does not change the form or content of the information regardless of the technology, facilities or equipment used. A telephone system may include, without limitation:

      (a) Wireless or Internet technology, facilities or equipment; and

      (b) Technology, facilities or equipment used for transmitting information from an emergency responder to the user or from the user to an emergency responder.

      (Added to NRS by 1995, 1056; A 1999, 1686, 2715; 2001, 621, 622, 1642, 2124; 2003, 69; 2009, 639)

      NRS 244A.7643  Surcharge: Imposition; master plan required in certain counties; amount; collection; penalties for delinquent payment.

      1.  Except as otherwise provided in this section, the board of county commissioners in a county whose population is 100,000 or more but less than 700,000 may by ordinance, for the enhancement of the telephone system for reporting an emergency in the county, impose a surcharge on:

      (a) Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in the county; and

      (b) The mobile telephone service provided to each customer of that service whose place of primary use is in the county.

      2.  Except as otherwise provided in this section, the board of county commissioners in a county whose population is less than 100,000 may by ordinance, for the enhancement or improvement of the telephone system for reporting an emergency in the county, impose a surcharge on:

      (a) Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in the county; and

      (b) The mobile telephone service provided to each customer of that service whose place of primary use is in the county.

      3.  A board of county commissioners may not impose a surcharge pursuant to this section unless the board first adopts a 5-year master plan for the enhancement or improvement, as applicable, of the telephone system for reporting emergencies in the county. The master plan must include an estimate of the cost of the enhancement or improvement, as applicable, of the telephone system and all proposed sources of money for funding those costs. For the duration of the imposition of the surcharge, the board shall, at least annually, review and, if necessary, update the master plan.

      4.  The surcharge imposed by a board of county commissioners pursuant to this section:

      (a) For each access line to the local exchange of a telecommunications provider, must not exceed 25 cents each month;

      (b) For each trunk line to the local exchange of a telecommunications provider, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telecommunications provider pursuant to paragraph (a); and

      (c) For each telephone number assigned to a customer by a supplier of mobile telephone service, must equal the amount of the surcharge imposed for each access line to the local exchange of a telecommunications provider pursuant to paragraph (a).

      5.  A telecommunications provider which provides access lines or trunk lines in a county which imposes a surcharge pursuant to this section or a supplier which provides mobile telephone service to a customer in such a county shall collect the surcharge from its customers each month. Except as otherwise provided in NRS 244A.7647, the telecommunications provider or supplier shall remit the surcharge it collects to the treasurer of the county in which the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.

      6.  An ordinance adopted pursuant to subsection 1 or 2 may include a schedule of penalties for the delinquent payment of amounts due from telecommunications providers or suppliers pursuant to this section. Such a schedule:

      (a) Must provide for a grace period of not less than 90 days after the date on which the telecommunications provider or supplier must otherwise remit the surcharge to the county treasurer; and

      (b) Must not provide for a penalty that exceeds 5 percent of the cumulative amount of surcharges owed by a telecommunications provider or a supplier.

      7.  As used in this section, “trunk line” means a line which provides a channel between a switchboard owned by a customer of a telecommunications provider and the local exchange of the telecommunications provider.

      (Added to NRS by 1995, 1056; A 1997, 2212; 1999, 1686; 2001, 621, 1643, 2124; 2003, 152, 153; 2007, 559; 2009, 640; 2011, 1122)

      NRS 244A.7645  Establishment of advisory committee to develop plan to enhance or improve telephone system; creation of special revenue fund; use of money in fund.

      1.  If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is 100,000 or more but less than 700,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must consist of not less than five members who:

      (a) Are residents of the county;

      (b) Possess knowledge concerning telephone systems for reporting emergencies; and

      (c) Are not elected public officers.

      2.  If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is less than 100,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance or improve the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:

      (a) Consist of not less than five members who:

             (1) Are residents of the county;

             (2) Possess knowledge concerning telephone systems for reporting emergencies; and

             (3) Are not elected public officers; and

      (b) Include a representative of an incumbent local exchange carrier which provides service to persons in that county. As used in this paragraph, “incumbent local exchange carrier” has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.

      3.  If a surcharge is imposed in a county pursuant to NRS 244A.7643, the board of county commissioners of that county shall create a special revenue fund of the county for the deposit of the money collected pursuant to NRS 244A.7643. The money in the fund must be used only:

      (a) In a county whose population is 45,000 or more but less than 700,000, to enhance the telephone system for reporting an emergency, including only:

             (1) Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;

             (2) Paying costs for personnel and training associated with the routine maintenance and updating of the database for the system;

             (3) Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system, including, without limitation, equipment and software that identify the number or location from which a call is made; and

             (4) Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.

      (b) In a county whose population is less than 45,000, to improve the telephone system for reporting an emergency in the county.

      4.  If the balance in the fund created in a county whose population is 45,000 or more but less than 700,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $1,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $1,000,000.

      5.  If the balance in the fund created in a county whose population is less than 45,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.

      (Added to NRS by 1995, 1056; A 1999, 1686; 2001, 621, 2125; 2007, 561; 2009, 641; 2011, 1124)

      NRS 244A.7646  Dispute of amount of surcharge or designation of place of primary use by customer of supplier of mobile telephone service: Notice by customer; review by supplier; refund, credit or explanation.

      1.  If a customer of a supplier of mobile telephone service believes that the amount of a surcharge imposed pursuant to NRS 244A.7643 or the designation of a place of primary use is incorrect, the customer may notify the supplier of mobile telephone service in writing of the alleged error. The notice must include:

      (a) The street address for the place of primary use of the customer;

      (b) The account number and name shown on the billing statement of the account for which the customer alleges the error;

      (c) A description of the alleged error; and

      (d) Any other information which the supplier of mobile telephone service may reasonably require to investigate the alleged error.

      2.  Within 60 days after receiving a notice sent pursuant to subsection 1, the supplier of mobile telephone service shall review the records that the supplier of mobile telephone service uses to determine the place of primary use of its customers.

      3.  If the review indicates:

      (a) That the alleged error exists, the supplier of mobile telephone service shall correct the error and refund or credit the customer for the amount which was erroneously collected for the applicable period, not to exceed the 24 months immediately preceding the date on which the customer notified the supplier of mobile telephone service of the alleged error.

      (b) That no error exists, the supplier of mobile service shall provide a written explanation to the customer who alleged the error.

      4.  A customer may not bring a cause of action against a supplier of mobile telephone service for surcharges incorrectly imposed pursuant to NRS 244A.7643 unless the customer first complies with this section.

      (Added to NRS by 2001, 1642)

      NRS 244A.7647  Recovering cost of collecting surcharge.  A telecommunications provider or supplier which collects the surcharge imposed pursuant to NRS 244A.7643 is entitled to retain an amount of the surcharge collected which is equal to the cost to collect the surcharge.

      (Added to NRS by 1995, 1057; A 1999, 1686; 2001, 621; 2007, 562)

TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE IN EMERGENCY

      NRS 244A.765  Definitions.  As used in NRS 244A.765 to 244A.777, inclusive, unless the context otherwise requires:

      1.  “Board” means the board of county commissioners.

      2.  “District” means a taxing district created to establish a system to provide a telephone number to be used in an emergency.

      3.  “System” means the system to provide a telephone number to be used in an emergency.

      (Added to NRS by 1985, 953; A 1989, 266)

      NRS 244A.767  Creation of taxing district in county whose population is 700,000 or more; boundaries of district; delegation of operation of system to metropolitan police department.

      1.  The board in any county whose population is 700,000 or more, shall, by ordinance, create a taxing district to establish a system to provide a telephone number to be used in an emergency if the question for the funding of the system has been approved by the voters of that county.

      2.  The boundary of the district:

      (a) Must be defined in the ordinance;

      (b) May not include any part of an incorporated city unless the governing body of the city petitions the board for inclusion in the district; and

      (c) May include only the area served by the system.

      3.  The board may delegate the operation of the system to a metropolitan police department, if one has been established in the county.

      (Added to NRS by 1985, 953; A 1989, 1906; 2011, 1125)

      NRS 244A.768  Creation of taxing district in county whose population is less than 700,000; boundaries of district; delegation of operation of system to metropolitan police department.

      1.  The board in any county whose population is less than 700,000 may submit to the voters of that county the question of whether a taxing district to establish a system to provide a telephone number to be used in an emergency should be created within the county. If the question is approved, the board, by ordinance, must create such a district.

      2.  The boundary of a district created pursuant to subsection 1:

      (a) Must be defined in the ordinance;

      (b) May not include any part of an incorporated city unless the governing body of the city petitions the board for inclusion in the district; and

      (c) May include only the area served by the system.

      3.  The board may delegate the operation of the system to a metropolitan police department, if one has been established in the county.

      (Added to NRS by 1989, 265; A 1989, 1936; 2011, 1125)

      NRS 244A.769  Features of system.  The system may include:

      1.  The automatic tracing of the telephone number and location from which a telephone call is made and the transmission of that number or location to the answering location of the system; and

      2.  Any other feature which enables the system to operate more efficiently and effectively.

      (Added to NRS by 1985, 953)

      NRS 244A.771  System to use 911 as primary telephone number; secondary number.  The system shall use 911 as the primary emergency telephone number. The board or the metropolitan police department, if the operation of the system has been delegated to it, may establish a second telephone number to be used in an emergency in any political subdivision participating in the system.

      (Added to NRS by 1985, 953)

      NRS 244A.773  Tax levy: Approval of voters; exemption from limitation.  The board shall, upon the approval of the voters of the county pursuant to NRS 244A.767 and 244A.768, levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the limitation imposed by NRS 354.59811.

      (Added to NRS by 1985, 954; A 1989, 266, 2081, 2086)

      NRS 244A.775  Determination of rate of tax levy.

      1.  The board shall determine annually the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate, not greater than one-half cent per $100 of assessed valuation unless a different rate is established pursuant to subsection 3, which, when levied upon every dollar of assessed valuation of taxable property in the district, will raise that amount.

      2.  If the operation of the system has been delegated to the metropolitan police department, it shall submit to the board before May 1 of each year a budget for the operation of the system for the following fiscal year. The board shall consider the budget of the department in making its determination of the amount of money necessary to be raised by taxation.

      3.  The maximum rate provided by subsection 1 for the levy of the tax may be increased if the board so proposes to the registered voters of the district, specifying the proposed rate, and the proposal is approved by a majority of the voters voting on the question at a primary or general election or a special election called for that purpose.

      4.  A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the county.

      5.  The board shall levy and collect the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the board.

      (Added to NRS by 1985, 954; A 1989, 266; 1993, 1038; 2007, 16)

      NRS 244A.777  Collection of taxes; tax constitutes lien.

      1.  Any officer charged with the duty of collecting taxes shall collect the taxes levied pursuant to NRS 244A.775 at the same time and in the same manner, and with like interest and penalties, as other taxes are collected. When the tax is collected, the officer shall pay it monthly to the county treasurer to the credit of:

      (a) The district; or

      (b) The metropolitan police department if the operation of the system has been delegated to it.

      2.  The tax levied pursuant to NRS 244A.765 to 244A.777, inclusive, with any interest or penalties, and the cost of collecting the unpaid tax, penalty or interest, are a lien on the property until they are paid. The lien must be executed, and has the same priority, as a lien for general taxes.

      (Added to NRS by 1985, 954)

DISTRICT FOR THE SUPPORT OF PUBLIC PARKS

      NRS 244A.785  Creation in certain counties; boundaries.

      1.  The board of county commissioners of a county whose population is 700,000 or more may, by ordinance, create one or more districts within the unincorporated area of the county for the support of public parks. Such a district may include territory within the boundary of an incorporated city if so provided by interlocal agreement between the county and the city.

      2.  The ordinance creating a district must specify its boundaries. The area included within the district may be contiguous or noncontiguous. The boundaries set by the ordinance are not affected by later annexations to or incorporation of a city.

      3.  The alteration of the boundaries of such a district may be initiated by:

      (a) A petition proposed unanimously by the owners of the property which is located in the proposed area which was not previously included in the district; or

      (b) A resolution adopted by the board of county commissioners on its own motion.

Ê If the board of county commissioners proposes on its own motion to alter the boundaries of a district for the support of public parks, it shall, at the next primary or general election, submit to the registered voters who reside in the proposed area which was not previously included in the district, the question of whether the boundaries of the district shall be altered. If a majority of the voters approve the question, the board shall, by ordinance, alter the boundaries of the district as approved by the voters.

      4.  The sample ballot required to be mailed pursuant to NRS 293.565 must include for the question described in subsection 3, a disclosure of any future increase or decrease in costs which may be reasonably anticipated in relation to the purposes of the district for the support of public parks and its probable effect on the district’s tax rate.

      (Added to NRS by 1993, 64; A 1993, 337; 1995, 152; 2011, 1125)

      NRS 244A.787  Board of county commissioners ex officio governing body; powers; meetings; employees.

      1.  The board of county commissioners is ex officio the governing body of a district for the support of public parks and may:

      (a) Maintain or establish public parks within it;

      (b) Employ personnel necessary to carry out that purpose; and

      (c) Provide for the use of revenue received by the district, including the use of personnel or contracts of the county or the city for services within the boundary of a city, pursuant to interlocal agreement.

      2.  The board of county commissioners may hold meetings as the governing body of the district in conjunction with its meetings as the board of county commissioners without posting additional notices of the meetings within the district.

      3.  All persons employed to perform the functions of a district are employees of the county for all purposes.

      (Added to NRS by 1993, 64)

      NRS 244A.789  Budget of district; submission to voters of proposal to issue bonds or levy tax.

      1.  The budget of a district for the support of public parks must comply with the provisions of NRS 354.470 to 354.626, inclusive, but need not be separately prepared and may be included within the county budget. The district is not entitled to any share of revenue from the supplemental city-county relief tax.

      2.  The governing body may submit to the registered voters of the district at a primary or general election:

      (a) A proposal to issue general obligation bonds of the district to finance the acquisition, construction, equipment and improvement of one or more park projects within the district, or outside the district if the governing body finds that the park project will benefit the residents of the district, but the amount of general obligation bonds or other securities so issued may not exceed 10 percent of the assessed valuation of the taxable property in the district. The ballot question for such a proposal must contain the principal amount of the general obligation bonds to be issued, the purpose of the issuance of the bonds and the estimate established by the governing body of:

             (1) The duration of the levy of property tax that will be used to pay the general obligations; and

            (2) The average annual increase, if any, in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay for debt service on the general obligation bonds to be issued.

      (b) A proposal to levy a tax ad valorem pursuant to NRS 354.5982 for:

             (1) Any of the purposes described in paragraph (a);

             (2) Maintenance of public parks located within the district;

             (3) Maintenance of public parks located outside the district if the governing body finds that the parks benefit the residents of the district; or

             (4) Any combination of those purposes.

      3.  The ballot question for a proposal submitted to the registered voters pursuant to paragraph (b) of subsection 2 must contain the rate of the proposed additional property tax stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the governing body of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question.

      4.  As used in this section, “park project” has the meaning ascribed to it in NRS 244A.039.

      5.  If the proposal to issue bonds is approved by the voters, the county may issue bonds of the district as provided in chapter 350 of NRS.

      (Added to NRS by 1993, 64; A 1999, 1082; 2011, 2724)

MINOR LEAGUE BASEBALL STADIUM PROJECT

      NRS 244A.800  Definitions.  As used in NRS 244A.800 to 244A.830, inclusive:

      1.  “Department” means the Department of Taxation.

      2.  “Minor league baseball stadium project” has the meaning ascribed to it in NRS 244A.0344.

      (Added to NRS by 2003, 2927)

      NRS 244A.810  Fee: Imposition in certain counties; amount; exception; use of proceeds; limitation on repeal or modification of authorizing ordinance.

      1.  Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 100,000 or more but less than 700,000 may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity.

      2.  The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, “replacement vehicle” means a vehicle that is:

      (a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and

      (b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owner’s policy of liability insurance for the motor vehicle.

      3.  Any proceeds of a fee imposed pursuant to this section which are received by a county must be used solely to pay the costs to acquire, lease, improve, equip, operate and maintain within the county a minor league baseball stadium project, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay such costs, including bonds issued to refund bonds issued to pay such costs, or any combination thereof.

      4.  The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.

      5.  As used in this section, the words and terms defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 2927; A 2007, 1295; 2011, 1126)

      NRS 244A.820  Contract with Department for collection and administration of fee.

      1.  Any ordinance adopted pursuant to NRS 244A.810 must include a provision requiring the board of county commissioners to enter into a contract before the effective date of the ordinance with the Department to perform all functions incident to the collection and administration of the fee in the county. Such a contract must:

      (a) Authorize the Department to retain 0.25 percent of the amount of the proceeds of the fee to reimburse the Department for its expenses in collecting and administering the fee; and

      (b) Require the distribution of the remaining amount of the proceeds of the fee to the county at such a time and in such a manner as the parties determine, which must be not less frequently than once each calendar quarter.

      2.  Any ordinance amending an ordinance adopted pursuant to NRS 244A.810 must include a provision in substance that the county shall amend the contract made pursuant to subsection 1 by a contract made between the county and the Department, before the effective date of the amendatory ordinance, unless the county determines with the written concurrence of the Department that no such amendment of the contract is necessary or desirable.

      (Added to NRS by 2003, 2928)

      NRS 244A.830  Stadium authority: Creation; members; duties.

      1.  A board of county commissioners that adopts an ordinance imposing a fee pursuant to NRS 244A.810 shall create a stadium authority to assist in the operation of the minor league baseball stadium project. The stadium authority must consist of:

      (a) Two members of the board of county commissioners appointed by the board;

      (b) Three members from the governing body of the city in which the minor league baseball stadium is located appointed by that governing body; and

      (c) Two persons appointed by the owner of the minor league baseball team that will play its home games in the stadium.

      2.  The members of the stadium authority serve at the pleasure of the governmental entity or person who appointed them to serve in that capacity.

      3.  A meeting of the stadium authority must be scheduled if two or more members request a meeting of the stadium authority.

      4.  The stadium authority may recommend to the governing body of the city in which the minor league baseball stadium is located that the governing body impose a surcharge on items or services related to the minor league baseball stadium project. The surcharge must be approved by a two-thirds majority of the governing body. Any proceeds from a surcharge imposed pursuant to this section must be paid to and collected by the city and must be used solely to pay the costs to acquire, lease, improve, equip, operate and maintain the minor league baseball stadium project, or to pay the principal of, interest on or other payments due with respect to bonds issued by the city to pay such costs, including bonds issued to refund bonds issued to pay such costs, or any combination thereof. The proceeds of the surcharge must not be transferred to any other fund or account or used for any other purpose.

      (Added to NRS by 2003, 2928; A 2011, 3340)

PERFORMING ARTS CENTER

      NRS 244A.850  “Department” defined.  As used in this section and NRS 244A.860 and 244A.870, “Department” means the Department of Taxation.

      (Added to NRS by 2003, 20th Special Session, 294)

      NRS 244A.860  Imposition of fee in certain counties; amount of fee; exception; use of proceeds of fee; cooperative agreements with other governmental entities to operate center; delegation of responsibilities of governmental entity to nonprofit organization; limitation on repeal or modification of authorizing ordinance; contract with design-build team for design and construction of center.

      1.  Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 700,000 or more may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity.

      2.  The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, “replacement vehicle” means a vehicle that is:

      (a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and

      (b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owner’s policy of liability insurance for the motor vehicle.

      3.  After reimbursement of the Department pursuant to paragraph (a) of subsection 1 of NRS 244A.870 for its expense in collecting and administering a fee imposed pursuant to this section, the remaining proceeds of the fee which are received by a county must be used to pay the costs to acquire, improve, equip, operate and maintain within the county a performing arts center, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay those costs, including bonds issued to refund bonds issued to pay those costs, or any combination thereof.

      4.  The board of county commissioners of a county that imposes the fee authorized by subsection 1 may enter into a cooperative agreement with another governmental entity in which the other governmental entity agrees to receive the proceeds of the fee from the county if the cooperative agreement includes a provision that requires the other governmental entity to assume all responsibility for the operation of the performing arts center and to use the proceeds of the fee it receives from the county to pay the costs to acquire, improve, equip, operate and maintain within the county a performing arts center, and to pay the principal of, interest on or other payments due with respect to bonds issued to pay those costs, including bonds issued to refund bonds issued to pay those costs, or any combination thereof. A governmental entity that enters into a cooperative agreement with the board of county commissioners pursuant to this subsection may delegate to a nonprofit organization one or more of the responsibilities that the governmental entity assumed pursuant to the cooperative agreement, including, without limitation, the acquisition, design, construction, improvement, equipment, operation and maintenance of the center.

      5.  The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.

      6.  A performing arts center to be acquired, improved, equipped, operated and maintained pursuant to this section may, regardless of the estimated cost of the center, be designed and constructed pursuant to a contract with a design-build team in accordance with NRS 338.1711 to 338.1727, inclusive.

      7.  As used in this section, the words and terms defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 20th Special Session, 294; A 2005, 1360; 2011, 1127)

      NRS 244A.870  Contract with Department for collection and administration of fee.

      1.  Any ordinance adopted pursuant to NRS 244A.860 must include a provision requiring the board of county commissioners to enter into a contract before the effective date of the ordinance with the Department to perform all functions incident to the collection and administration of the fee in the county. Such a contract must:

      (a) Authorize the Department to retain 0.10 percent of the amount of the proceeds of the fee to reimburse the Department for its expenses in collecting and administering the fee; and

      (b) Require the distribution of the remaining amount of the proceeds of the fee to the county at such a time and in such a manner as the parties determine, which must be not less frequently than once each calendar quarter.

      2.  Any ordinance amending an ordinance adopted pursuant to NRS 244A.860 must include a provision in substance that the county shall amend the contract made pursuant to subsection 1 by a contract made between the county and the Department, before the effective date of the amendatory ordinance, unless the county determines with the written concurrence of the Department that no such amendment of the contract is necessary or desirable.

      (Added to NRS by 2003, 20th Special Session, 295)