[Rev. 11/22/2013 3:20:21 PM--2013]

SPECIAL AND LOCAL ACTS

PREFACE

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                This is a selection of statute laws of Nevada of a special, local, private or temporary nature. All of the statute laws of Nevada of this type can be found in the Statutes of Nevada or territorial laws of the year in which they were enacted. This selection comprises those acts which appear to have a continuing effect and which apparently have a significant degree of public interest as evidenced primarily by the number of persons the act appears to affect and the frequency of its amendments. The inclusion or exclusion of any special or local act from this selection does not constitute any finding or declaration of the Legislature or of the Legislative Counsel as to the legal effect of the act upon the rights, powers or duties of any person. The acts are arranged alphabetically under headings which indicate the particular subject matter to which they relate. The text of each act presented contains any changes the Legislature may have made to it.

                The Legislative History of each section of an act has been inserted in parentheses immediately following the section. Each legislative history contains first a reference to the chapter, year and page number of the Statutes of Nevada or territorial laws from which the section is derived and then references to subsequent amendments. For example, the interpolation “(Ch. 139, Stats. 1929 p. 178; A—Ch. 89, Stats. 1931 p. 146; ch. 353, Stats. 1963 p. 761)” following the text of a section of an act means that the section was enacted by chapter 139 of Statutes of Nevada 1929, at page 178, and was amended by chapter 89 of Statutes of Nevada 1931, at page 146, and by chapter 353 of Statutes of Nevada 1963, at page 761. The interpolation “(Added—Ch. 690, Stats. 1979 p. 1856)” means that the section was added to a previously existing act. A table of repealed acts and sections precedes the index to these laws.

 

 

                                                                                        Brenda J. Erdoes

                                                                                        Legislative Counsel

 

                                                                                        August 20, 2013

 

AIRPORT AUTHORITIES

AIRPORT AUTHORITY ACT FOR BATTLE MOUNTAIN

Chapter 458, Statutes of Nevada 1983

AN ACT creating the Airport Authority of Battle Mountain; making legislative findings and declarations; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of Lander County to the authority; providing penalties; and providing other matters properly relating thereto.

[Approved: May 23, 1983]

Chapter 458, Statutes of Nevada 1983, which created the Airport Authority of Lander County, later renamed the Airport Authority of Battle Mountain, was disapproved by the voters of Lander County on July 14, 1992, in a countywide referendum.

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Section 1.  Short title.  This act may be cited as the Airport Authority Act for Battle Mountain.

      (Ch. 458, Stats. 1983 p. 1208; A—Ch. 230, Stats. 1991 p. 506)

      Sec. 2.  Legislative findings and declaration.

      1.  The Legislature finds that:

      (a) The airport of the town of Battle Mountain has traditionally been operated by the town as a municipal function and originally served primarily the residents of the town of Battle Mountain.

      (b) With the development of multiple contiguous communities, suburban living and rapid increases in recreational pursuits by the traveling public, the airport of the town of Battle Mountain is now serving the inhabitants of a large geographical area and ever-increasing numbers of tourists.

      (c) What was once a municipal airport in both name and fact is now a regional airport.

      (d) The financial problems of the airport have become more complex and administrative activities are required to be more responsive to the community at large and the directly paying airport tenants and users.

      (e) The town of Battle Mountain is unable to operate the airport effectively within the traditional framework of local government, evidencing the need to create a special governmental corporation to provide specific facilities and services to the public.

      (f) Development of the modern airport requires the expenditure of large sums of money for land acquisition and capital improvements not available to the town of Battle Mountain through the issuance of municipal securities secured by general obligation tax receipts.

      (g) Because of special circumstances and conditions a general law cannot be made applicable, and this special act will allow the tax burden to spread over the designated district in Lander County rather than coming to rest solely upon the principal municipality in the district.

      (h) This act will accommodate the expanding urban population patterns, provide adequate funding and establish the administrative machinery necessary to insure adequate air service to the region.

      2.  It is hereby declared as a matter of legislative determination that:

      (a) The organization of the Airport Authority of Battle Mountain having the purposes, powers, rights, privileges and immunities provided in this act will serve a public use and will promote the general welfare by facilitating safe and convenient air travel and transport to and from the Lander County area.

      (b) The acquisition, operation and financing of an airport in Battle Mountain and related facilities by the Airport Authority of Battle Mountain is for a public and governmental purpose and a matter of public necessity.

      (c) The Airport Authority of Battle Mountain is a body corporate and politic and a quasi-municipal corporation, the geographical boundaries of which are in the designated district.

      (d) For the accomplishment of the purposes stated in this subsection, the provisions of this act must be broadly construed.

      (Ch. 458, Stats. 1983 p. 1208; A—Ch. 230, Stats. 1991 p. 506)

      Sec. 3.  Definitions.  As used in this act:

      1.  “Airport” means any one or more airports or heliports and related facilities, including but not limited to land and interests in land, facilities for storage of aircraft and spacecraft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots and such other structures, facilities and improvements as are necessary or convenient to the development and maintenance of airports and heliports and for the promotion and accommodation of air and space travel, commerce and navigation.

      2.  “Authority” means the Airport Authority of Battle Mountain created pursuant to the provisions of this act.

      3.  “Board of Trustees” and “Board” each means the Board of Trustees of the Authority.

      4.  “Carrier” means any person or corporation engaged in the air or space transportation of passengers or cargo.

      5.  “Designated district” means that portion of Lander County north of a line beginning at a point on the western boundary of Lander County where the township line common to T. 24 N. and T. 23 N., M.D.B. & M. crossing the boundary, thence running east to the range line common to R. 42 E. and R. 43 E., thence running north to the 40th parallel, thence running east to the eastern boundary of Lander County.

      6.  “Lander County” means the county created by and described in NRS 243.165.

      (Ch. 458, Stats. 1983 p. 1209; A—Ch. 97, Stats. 1985 p. 362; Ch. 230, Stats. 1991 p. 507)

      Sec. 4.  Authority: Creation; exemption from taxation.

      1.  The Airport Authority of Battle Mountain is hereby created.

      2.  The property and revenues of the Authority, or any interest therein, are exempt from all state, county and municipal taxation.

      (Ch. 458, Stats. 1983 p. 1209; A—Ch. 230, Stats. 1991 p. 507)

      Sec. 5.  Board: Number, qualifications and terms of members; vacancy.

      1.  The Authority must be governed by a Board of Trustees composed of seven persons who are residents of the designated district.

      2.  After the initial terms, the trustees must be elected for terms of 4 years. The office of trustee is nonpartisan.

      3.  Within 60 days after the effective date of this act:

      (a) The Board of County Commissioners of Lander County shall appoint from the designated district four trustees to initial terms which expire when their successors are elected and qualified at the general election held in November of 1986.

      (b) The Lander County Fair and Recreation Board shall appoint from the designated district two trustees to initial terms which expire when their successors are elected and qualified in the general election held in November of 1984.

      (c) The Lander County School District shall appoint from the designated district one trustee to an initial term which expire when his or her successor is elected and qualified in the general election held in November of 1984.

      4.  Except as otherwise provided in this subsection, if the office of any trustee becomes vacant, the remaining trustees shall by majority vote appoint his or her successor for the unexpired term. The appointment must be made within 30 days after the occurrence of the vacancy. If the remaining trustees fail to make the appointment within that time, the Board of County Commissioners of Lander County shall make the appointment. The person appointed must have the same qualifications as are required of the trustee the person succeeds.

      (Ch. 458, Stats. 1983 p. 1209; A—Ch. 97, Stats. 1985 p. 363; Ch. 230, Stats. 1991 p. 508)

      Sec. 6.  Board: Oath, bond, compensation and expenses of members; restrictions on financial interest of members.

      1.  Each member of the Board shall file with the County Clerk:

      (a) His or her oath of office.

      (b) A corporate surety bond furnished at Authority expense, in an amount not to exceed $5,000, and conditioned or the faithful performance of his or her duties as a member of the Board.

      2.  No member of the Board, during the member’s term thereon, may have any financial interest in the aviation industry or be interested as a private purveyor in any contract or transaction with the Board or the Authority.

      3.  Each member of the Board is entitled to receive $40 for each regular Board meeting attended and $40 for each special meeting attended and the per diem expense allowance and travel expenses as provided by law for state employees.

      (Ch. 458, Stats. 1983 p. 1210)

      Sec. 7.  Board: Officers; duties of Secretary and Treasurer.

      1.  The Board shall elect a Chair, Vice Chair, Secretary and Treasurer, who must be members of the Board. The Secretary and the Treasurer may be one person. The terms of the officers expire on the date their successors are elected and qualified in the general election.

      2.  The Secretary shall keep audio recordings or transcripts of all meetings of the Board 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 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 Authority. The Treasurer shall file with the County Clerk, at Authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his or her duties.

      (Ch. 458, Stats. 1983 p. 1210; A—Ch. 373, Stats. 2005 p. 1417; Ch. 98, Stats. 2013 p. 334)

      Sec. 8.  Board: Meetings; quorum; absence from meetings; 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 constitutes a quorum at any meeting. Except as otherwise provided in NRS 241.0355, every motion and resolution of the Board must be adopted by at least a majority of the members present and constituting the quorum at such meeting.

      3.  If any member is absent from three consecutive regular meetings of the Board, without good cause as determined by the Board, the office of the member thereupon becomes vacant.

      4.  The Board shall adopt a seal.

      (Ch. 458, Stats. 1983 p. 1210; A—Ch. 97, Stats. 1985 p. 363; Ch. 255, Stats. 2001 p. 1133)

      Sec. 9.  Compliance with Local Government Purchasing Act and Local Government Budget Act.  The Board shall comply with the provisions of the Local Government Purchasing Act and the Local Government Budget Act.

      (Ch. 458, Stats. 1983 p. 1210)

      Sec. 10.  Authority: General powers.  The Authority may do all things necessary to accomplish the purposes of this act. The Authority may, by reason of example and not of limitation:

      1.  Have perpetual succession and sue and be sued.

      2.  Plan, establish, acquire, construct, improve and operate an airport within Lander County.

      3.  Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.

      4.  Except as otherwise provided in this subsection, sell, lease or otherwise dispose of any real property. Unless the provisions of subsection 5 apply, if the Authority sells or otherwise disposes of real property, the sale or other disposal must be made by public auction.

      5.  The Authority may rent or lease to a person a space for the parking or storage of aircraft on the grounds of an airport controlled by the Authority without conducting or causing to be conducted an appraisal or a public auction.

      6.  Acquire real property or any interest therein in areas most affected by aircraft noise for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.

      7.  Enter into agreements with Lander County and Battle Mountain to acquire, by lease, gift, purchase or otherwise, any airport of the county or municipality and to operate the airport.

      8.  Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a town of private property for public use to take any property necessary to the exercise of the powers granted, within the designated district in Lander County.

      9.  Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.

      10.  Prepare and adopt a comprehensive, long-term general plan for the physical development of all property owned and operated by the Authority for submission to the Board of County Commissioners of Lander County. The Authority may prepare and adopt for approval by the Board of County Commissioners of Lander County a comprehensive zoning plan of all property owned or operated by the Authority. The zoning plan must be consistent with the requirements of chapter 497 of NRS and any applicable federal laws and regulations.

      11.  Have control of its airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.

      12.  Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Lander County or Battle Mountain, with the consent of the county or municipality and subject to such terms and conditions as may be agreed upon.

      13.  Enter upon such lands, waters or premises as in the judgment of the Authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The Authority is liable for actual damage done.

      14.  Provide its own fire protection, police and crash and rescue service.

      15.  Contract with carriers with regard to landings and the accommodations of the employees and passengers of such carriers.

      16.  Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the Authority, as necessary or incidental to the operation of the airports.

      17.  Hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.

      18.  Adopt regulations governing vehicular traffic on its airports relating, but not limited to, speed restrictions, stopping, standing and parking, loading zones, turning movements and parking meters. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.

      (Ch. 458, Stats. 1983 p. 1210; A—Ch. 230, Stats. 1991 p. 508; Ch. 381, Stats. 2005 p. 1470; Ch. 496, Stats. 2005 p. 2680; Ch. 167, Stats. 2007 p. 570)

      Sec. 11.  Board: Necessary, incidental and implied powers.  The Board has and may exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers are not a limitation upon any power necessary or appropriate to carry out the purposes and intent of this act.

      (Ch. 458, Stats. 1983 p. 1212)

      Sec. 12.  Board: Power to levy and collect taxes ad valorem.  In addition to the other means for providing revenue for the Authority, the Board, subject to the approval of the Board of County Commissioners of Lander County, has power to levy and collect general (ad valorem) taxes on and against all taxable property within the geographical boundaries of the Authority, such levy and collection to be made by the Board in conjunction with the county and its officers as set forth in this act.

      (Ch. 458, Stats. 1983 p. 1212)

      Sec. 13.  Rate of levy fixed and certified by Board; approval of Board of County Commissioners.

      1.  The Board of Trustees shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the Authority, and shall, subject to the approval of the Board of County Commissioners of Lander County, fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the geographical boundaries of the Authority, and together with other revenues, will raise the amount required by the Authority annually to pay the costs of acquiring, operating and maintaining the airport of the Authority, to extend and better it if appropriate, and promptly to pay in full, when due, all interest on and principal of general obligation bonds and other general obligations of the Authority. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 14 of this act.

      2.  The Board shall certify to the Board of County Commissioners of Lander County, at the same time as fixed by law for certifying thereto tax levies, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes the Board of County Commissioners shall levy such tax upon the assessed valuation of all taxable property within the geographical boundaries of the Authority, in addition to such other taxes as may be levied by the Board of County Commissioners at the rate so fixed and determined.

      (Ch. 458, Stats. 1983 p. 1212; A—Ch. 97, Stats. 1985 p. 364)

      Sec. 14.  Sufficiency of annual levy; additional levies.

      1.  The Board, in certifying annual levies, shall take into account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.

      2.  If the money produced from these levies, together with other revenues of the authority, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the Board shall make, with the approval of the Board of County Commissioners of Lander County, such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, the taxes must be made and continue to be levied until the general obligation indebtedness of the Authority is fully paid.

      (Ch. 458, Stats. 1983 p. 1212)

      Sec. 15.  Manner of collection of taxes; lien.

      1.  All officials charged with the duty of collecting taxes shall collect the taxes at the time and in the same form and manner, and with like interest and penalties, as other taxes are collected and when collected shall pay the same to the Authority. The payment of such collections must be made monthly to the Treasurer of the Authority and paid into the depository thereof to the credit of the Authority.

      2.  All taxes levied under this act, together with interest thereon and penalties for default in payment thereof, and all costs of collecting such taxes, interest and penalties constitute, until paid, a perpetual lien on and against the property taxed; and the lien is on a parity with the tax lien of other general taxes.

      (Ch. 458, Stats. 1983 p. 1213; A—Ch. 97, Stats. 1985 p. 364)

      Sec. 16.  Sale of property for nonpayment of taxes.  If the taxes levied are not paid as provided in this act, the property subject to the tax lien must be sold and the proceeds thereof must be paid over to the Authority according to the provisions of the laws applicable to tax sales and redemptions.

      (Ch. 458, Stats. 1983 p. 1213)

      Sec. 17.  Revenue for maintenance, operation, extension and improvement of airports.  Whenever any indebtedness or other obligations have been incurred by the Authority, the Board may, with the approval of the Board of County Commissioners of Lander County, levy taxes and collect revenue for the purpose of creating funds in such amount as the Board may determine, which may be used to meet the obligations of the Authority, for maintenance and operating charges and depreciation, and provide extension of and betterments to the airports of the Authority.

      (Ch. 458, Stats. 1983 p. 1213)

      Sec. 18.  Types of securities issued.  Upon the conditions and under the circumstances set forth in this act and in compliance with the Local Government Securities Law, the Authority may borrow money and issue the following securities to evidence such borrowing:

      1.  Short-term notes, warrants and interim debentures.

      2.  General obligation bonds.

      3.  Revenue bonds.

      (Ch. 458, Stats. 1983 p. 1213)

      Sec. 19.  Limitation on indebtedness.  The Authority may borrow money and incur or assume indebtedness therefor, as provided in this act, so long as the total of all such indebtedness (but excluding revenue bonds and other securities constituting special obligations which are not debts) does not exceed an amount equal to 5 percent of the total of the last assessed valuation of taxable property (excluding motor vehicles) situated within the geographical boundaries of the Authority.

      (Ch. 458, Stats. 1983 p. 1213)

      Sec. 20.  Borrowing money without election; issuance of warrants and interim debentures; medium-term obligations.

      1.  The Authority, upon the affirmative vote of five trustees and with the approval of the Board of County Commissioners of Lander County, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues, and to issue warrants and interim debentures to evidence the amount so borrowed.

      2.  The Authority may enter into medium-term obligations in compliance with NRS 350.087 to 350.095, inclusive. The Authority is not required to obtain the approval of the Board of County Commissioners of Lander County if the outstanding principal amount of the financing is $400,000 or less. The Authority may enter into medium-term obligations in an amount in excess of $400,000 if the Authority obtains the approval of the Board of County Commissioners of Lander County.

      (Ch. 458, Stats. 1983 p. 1213; A—Ch. 230, Stats. 1991 p. 510; Ch. 203, Stats. 1997 p. 560)

      Sec. 21.  Election concerning issuance of general obligation bonds; contents of resolution of Board.

      1.  Subject to the provisions of NRS 350.011 to 350.0165, inclusive, whenever the Board determines, by resolution, that the interest of the Authority and the public interest or necessity demand the issue of general obligation bonds to purchase, construct, or otherwise acquire, maintain, improve or equip airports, the Board shall order the submission of the proposition of issuing such bonds to the registered voters of the Authority at an election held for that purpose in the manner provided by NRS 350.020 to 350.070, inclusive.

      2.  Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by law.

      3.  The declaration of public interest or necessity required by this section and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to the declaration of public interest or necessity, must:

      (a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the maximum amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on the indebtedness.

      (b) Fix the date upon which the election will be held and the manner of holding it and the method of voting for or against the incurring of the proposed indebtedness.

      (c) Fix the compensation to be paid the officers of the election, designate the polling place and appoint, for each polling place from the electors of the Authority, three officers of the election, one of whom shall act as clerk.

      (Ch. 458, Stats. 1983 p. 1214)

      Sec. 22.  Election: Conduct; canvass of returns; declaration of results.

      1.  The Election Board shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make their returns to the Secretary of the Authority.

      2.  At any regular or special meeting of the Board of County Commissioners of Lander County held within 6 working days following the date of the election, the returns thereof must be canvassed and the results thereof declared.

      (Ch. 458, Stats. 1983 p. 1214; A—Ch. 185, Stats. 2007 p. 629)

      Sec. 23.  Election: Authorization for issuance of bonds.

      1.  If it appears from the returns that the registered voters of the Authority approved the proposition submitted in the manner provided by NRS 350.070, the Authority shall thereupon be authorized to issue and sell bonds of the Authority for the purpose and object provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in the resolution.

      2.  Submission of the proposition of incurring such bonded indebtedness at an election does not prevent or prohibit submission of the proposition at any subsequent election called for that purpose.

      (Ch. 458, Stats. 1983 p. 1214)

      Sec. 24.  Issuance of bonds without election: Purposes; payable from net revenues; single issue.  The Authority may issue bonds (without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this act) for the purpose of acquiring or improving airports, and the bonds must be made payable solely out of the net revenues derived from the operation of the airport or the furnishing of services, or from both such revenue sources of the Authority; but a single bond issue may be had for more than one of such airports or services and the revenues for any of the income-producing airports and services provided by the Authority may be pledged to pay for any other such airport or service. To that end, a single utility fund for any number of airports and services may be established and maintained.

      (Ch. 458, Stats. 1983 p. 1214)

      Sec. 25.  Bonds: Interest, sale and other requirements.

      1.  Subject to the limitations and other provisions in this act, the Board may issue on its behalf and in its name at any time or from time to time, as the Board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsections 3, 4 and 5:

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

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

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

      (d) Any combination of such securities.

      2.  Nothing in this act prevents the Authority from funding, refunding or reissuing any outstanding securities of the Authority of a type designated in subsection 1 as provided in the Local Government Securities Law.

      3.  General obligation or revenue bonds may be sold for not less than 90 percent of their face amount and for an effective rate which must not exceed by more than 3 percent:

      (a) For general obligations, the Index of Twenty Bonds; and

      (b) For special obligations, the Index of Revenue Bonds,

Ê which was most recently published before the bids are received or a negotiated offer is accepted.

      4.  General obligation bonds, regardless of whether their payment is additionally secured by a pledge of and lien on net revenues, must be sold as provided in the Local Government Securities Law.

      5.  Revenue bonds may be sold at public sale as provided in the Local Government Securities Law or sold at private sale.

      (Ch. 458, Stats. 1983 p. 1215)

      Sec. 26.  Bonds: Appointment of bank as agent acting in fiduciary capacity.  The Board may provide for the appointment of a paying or fiscal agency within or without the state, in relation to any general obligation or revenue bonds of the Authority, which must be a bank possessing trust powers and which must act in a fiduciary capacity and not as a depositary, and may:

      1.  Provide for the powers, duties, functions and compensation of the agent.

      2.  Limit the liabilities of the agent.

      3.  Prescribe a method for the resignation and removal of the agent, and the merger or consolidation of agents.

      4.  Prescribe a method for the appointment of a successor agent and the transfer of rights and properties to the successor.

      (Ch. 458, Stats. 1983 p. 1215)

      Sec. 27.  Bonds: Exemption from taxation; exceptions; legal investments for public bodies and others.

      1.  Except as otherwise provided in subsection 2, bonds issued pursuant to this act, and the income therefrom, are exempt from all state, county and municipal taxation.

      2.  The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.

      3.  All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the state may legally invest funds within their control in bonds of the Authority.

      (Ch. 458, Stats. 1983 p. 1215; A—Ch. 544, Stats. 1991 p. 1713)

      Sec. 28.  Withholding of approval by Board of County Commissioners.  The approval of the Board of County Commissioners of Lander County required by this act must not be unreasonably, capriciously or arbitrarily withheld.

      (Ch. 458, Stats. 1983 p. 1216; A—Ch. 230, Stats. 1991 p. 510)

      Sec. 29.  Authority: Public employer; applicability of provisions governing employees’ retirement.  The Authority is a public employer within the meaning of NRS 286.070, and the provisions of chapter 286 of NRS (Public Employees’ Retirement Act) apply to the Authority and its employees.

      (Ch. 458, Stats. 1983 p. 1216)

      Sec. 30.  Board: Adoption of plan of civil service.  The Authority by action of the Board may adopt its own civil service plan to be administered by the Board, which plan must include but need not be limited to the following provisions:

      1.  Entry into the service on the basis of open competition.

      2.  Service, promotions and remuneration of the basis of merit, efficiency and fitness.

      3.  Classifications of the positions in the service.

      4.  The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of list of eligible candidates.

      5.  Employment of candidates from the eligible lists in the highest qualified rating.

      6.  Probationary periods not to exceed 6 months.

      7.  Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review.

      8.  Schedules of compensation and pay increases prepared by the Board.

      9.  Promotion on the basis of ascertained merit, seniority in service and competitive examination.

      10.  Provision for keeping service records on all employees.

      11.  Regulations for hours of work, attendance, holidays, leaves of absence and transfers.

      12.  Procedures for layoffs, discharge, suspension, discipline and reinstatement.

      13.  The exemption from civil service of persons employed to render professional, scientific, technical or expert service of a temporary or exceptional character, persons employed on projects paid from the proceeds of bonds issued by the Authority and persons employed for a period of less than 3 months in any 12-months period.

      14.  Review by the Board, at the request of the employee in question and after notice and public hearing of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the Board. Findings of fact by the Board are subject to review by any court except for illegality or want of jurisdiction.

      (Ch. 458, Stats. 1983 p. 1216)

      Sec. 31.  Power of county to regulate hazards by zoning not affected.  Nothing contained in this act limits any power of Lander County to regulate airport hazards by zoning.

      (Ch. 458, Stats. 1983 p. 1216)

      Sec. 32.  Transfer of property, money, obligations and employees of airport from county to Authority.

      1.  It is the duty of the Board of Trustees of the Authority and the Board of County Commissioners of Lander County, on or before July 1, 1983, to enter into an agreement for the orderly transfer to the Authority of the airport properties, functions and outstanding obligations of Lander County, not inconsistent with the rights of existing bondholders, effective July 1, 1983. The agreement may include provisions for the transfer of Lander County airport employees to the Authority with the retention by the employees of any civil service status.

      2.  On July 1, 1983:

      (a) Any money on hand or to become available to Lander County for airport purposes shall be paid directly to the Authority.

      (b) Lander County shall deliver to the Authority all property ordinarily and appropriately used in the operation and maintenance of the airport.

      (c) The Authority shall assume the obligations issued and accounts payable by Lander County for airport purposes.

      3.  The Board of Trustees of the Authority first appointed pursuant to the provisions of this act shall:

      (a) Meet promptly after their appointment and organize.

      (b) Execute the mandatory agreement specified in subsection 1 of this section.

      (c) Prepare the necessary budgets for the Authority for the fiscal year ending June 30, 1984, pursuant to law.

      (d) Assume full control, operation and maintenance of the Lander County airports on July 1, 1983, and exercise fully thereafter all of the powers and assume all of the duties granted to and imposed upon the Board by this act.

      (Ch. 458, Stats. 1983 p. 1217)

      Sec. 33.  Severability.  If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      (Ch. 458, Stats. 1983 p. 1217)

      Sec. 34.  Defense of action contesting validity of act or legal status of Authority.  If any action is brought to have this act or any of its provisions declared invalid or to contest the legal status of the Authority, before the Authority has received money sufficient to employ an attorney, the District Attorney of Lander County shall defend the action on behalf of the Authority.

      (Ch. 458, Stats. 1983 p. 1217)