NRS 244A.058 Powerof board of county commissioners to acquire, improve, equip, operate andmaintain minor league baseball stadium project; issuance of revenue bonds.

NRS 244A.0585 Powerof board of county commissioners to acquire, improve, equip, operate andmaintain performing arts center; issuance of revenue bonds.

NRS 244A.059 Countysgeneral obligation bonds; countys debt limit.

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

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

NRS 244A.064 Lendingprojects: Powers of county.

NRS 244A.065 Constructionand effect of County Bond Law.

FACILITATION OF TRANSPORTATION

NRS 244A.252 Transportationdistricts: Powers of board of county commissioners; limitations on specialelections; budget; employees.

NRS 244A.254 Boundariesof transportation district.

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

STREET BEAUTIFICATION PROJECTS

NRS 244A.291 Legislativedeclaration.

NRS 244A.333 Streetbeautification project defined.

NRS 244A.343 Generalpowers of board of county commissioners.

COUNTY BONDS FOR SWIMMING POOLS AND FACILITIES

NRS 244A.441 Powerof board of county commissioners.

NRS 244A.445 Issuanceof general obligation or revenue bonds.

NRS 244A.447 Applicabilityof Local Government Securities Law.

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

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

NRS 244A.453 Bondinglimit.

COUNTY SEWAGE AND WASTEWATER LAW

NRS 244A.455 Shorttitle.

NRS 244A.457 Applicabilityto county whose population is 400,000 or more.

NRS 244A.459 Legislativedeterminations.

NRS 244A.461 Definitions.

NRS 244A.463 Advisorycommittee defined.

NRS 244A.465 Boarddefined.

NRS 244A.467 Bondrequirements defined.

NRS 244A.469 Countydefined.

NRS 244A.471 Countysecurities defined.

NRS 244A.473 Dischargedefined.

NRS 244A.475 Facilitiesdefined.

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

NRS 244A.479 Newspaperdefined.

NRS 244A.481 Pointsource defined.

NRS 244A.483 Pollutantdefined.

NRS 244A.485 Pollutiondefined.

NRS 244A.487 Projectdefined.

NRS 244A.489 Publicationand publish defined.

NRS 244A.491 Servicecharges defined.

NRS 244A.493 Statesecurities defined.

NRS 244A.495 Remedialaction required when standards of water quality or conditions of permit todischarge pollutants violated.

NRS 244A.497 Technicaladvisory committee.

NRS 244A.499 Procedurefor acquisition of facilities.

NRS 244A.501 Acquisitionof competing facilities prohibited; acquisition of properties of other publicbodies.

NRS 244A.503 Approvalof preliminary plans for facilities.

NRS 244A.505 Approvalof plans and specifications for facilities.

NRS 244A.507 Methodsof funding countys acquisition of facilities.

NRS 244A.509 Generalpowers of county in relation to facilities.

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

NRS 244A.513 Methodsof funding States acquisition of facilities.

NRS 244A.515 Generalpowers of State in relation to facilities.

NRS 244A.517 Additionalpowers of State: Contract with county for employment of countys personnel.

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

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

NRS 244A.523 Powersof other public bodies.

NRS 244A.525 Extraterritorialpowers and rights of officer, agent or employee of State, county or otherpublic body.

NRS 244A.527 Mannerof exercising boards powers pertaining to States facilities and securities.

NRS 244A.529 Powerof board to invest money.

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

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

NRS 244A.535 Contractsfor billing and collection of service charges.

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

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

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

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

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

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

NRS 244A.549 Lienfor unpaid service charges.

NRS 244A.551 Basicpenalty for nonpayment of service charges.

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

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

NRS 244A.557 Servicecharges for sewerage.

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

NRS 244A.561 Norecourse based on securities against director, officer or agent of county orState.

NRS 244A.563 Faithof State pledged not to impair securities.

NRS 244A.565 Contractsnot binding on State until approved by Governor; exception.

NRS 244A.567 Countysofficers to effectuate provisions of NRS244A.455 to 244A.573, inclusive.

NRS 244A.569 CountySewage and Wastewater Law constitutes full authority for exercise of powersgranted.

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

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

COUNTY FAIR AND RECREATION BOARDS

General Provisions

NRS 244A.597 Countyspowers concerning recreational facilities.

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

NRS 244A.601 Countyfair and recreation board in county whose population is 100,000 or more but lessthan 400,000: Number, appointment and terms of members; vacancies.

NRS 244A.603 Countyfair and recreation board in county whose population is 400,000 or more:Number, appointment and terms of members; vacancies.

NRS 244A.605 Vacancies;reorganization of board.

NRS 244A.607 Nameof 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 Compliancewith Local Government Budget and Finance Act.

NRS 244A.617 Loansby counties for preliminary costs of organization.

NRS 244A.619 Powersand duties of board.

NRS 244A.621 Additionalpowers of board.

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

NRS 244A.623 Transactionsextending beyond terms of members.

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

NRS 244A.627 Limitationson powers of county fair and recreation board concerning real property incertain counties.

NRS 244A.629 Acceptanceof federal aid.

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

NRS 244A.633 Freetickets and passes restricted.

Bonds for Recreational Facilities

NRS 244A.637 Issuanceof general obligation or revenue bonds.

NRS 244A.641 Executionof bonds and coupons.

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

NRS 244A.645 Powersof board concerning license taxes assigned or appropriated by cities, towns andcounties.

NRS 244A.647 Collectedlicense taxes held in trust.

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

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

NRS 244A.653 Debtlimit of county whose population is 400,000 or more.

NRS 244A.655 Debtlimit of county whose population is less than 400,000.

COUNTY ECONOMIC DEVELOPMENT REVENUE BOND LAW

NRS 244A.669 Shorttitle.

NRS 244A.671 Definitions.

NRS 244A.672 Affordablehousing defined.

NRS 244A.673 Boarddefined.

NRS 244A.675 Bondsand revenue bonds defined.

NRS 244A.677 Capacitydefined.

NRS 244A.678 Corporationfor public benefit defined.

NRS 244A.679 Financeand financing defined.

NRS 244A.681 Financingagreement defined.

NRS 244A.682 Healthand care facility defined.

NRS 244A.6825 Historicstructure defined.

NRS 244A.683 Mortgagedefined.

NRS 244A.685 Obligordefined.

NRS 244A.687 Pollutiondefined.

NRS 244A.689 Projectdefined.

NRS 244A.691 Revenuesdefined.

NRS 244A.692 Supplementalfacility for a health and care facility defined.

NRS 244A.693 Warehousingdefined.

NRS 244A.695 Legislativeintent.

NRS 244A.696 Exerciseof powers by county; liberal construction.

NRS 244A.697 Generalpowers.

NRS 244A.6975 Issuanceof bonds for affordable housing or residential housing for corporation forpublic benefit.

NRS 244A.698 Restrictionson powers of county.

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

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

NRS 244A.702 Projectfor generation and transmission of electricity: Issuance of taxable bonds toacquire, improve or equip project.

NRS 244A.703 Projectfor generation and transmission of electricity: Sale and issuance of additionalbonds.

NRS 244A.705 Enforcementof countys obligation to issue additional bonds or to contract for sale ofcapacity or for construction and operation of project.

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

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

NRS 244A.711 Determinationsrequired of board of county commissioners after public hearing; operatinghistory and other evidence of sufficient financial resources required ofcontemplated lessee, purchaser or obligor.

NRS 244A.713 Bondsto be special obligations.

NRS 244A.715 Formand terms of bonds.

NRS 244A.717 Security.

NRS 244A.719 Termsof resolution and instruments.

NRS 244A.720 Issuanceof bonds by Director of Department of Business and Industry as specialobligations of State.

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

NRS 244A.723 Constructionof project.

NRS 244A.725 Limitationon countys obligation.

NRS 244A.727 Rightsupon default.

NRS 244A.729 Determinationof costs of financing.

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

NRS 244A.733 Optionto purchase.

NRS 244A.735 Refunding.

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

NRS 244A.739 Paymentand contribution by county prohibited; exceptions.

NRS 244A.741 Operationby county prohibited.

NRS 244A.743 Projectfor generation and transmission of electricity: Legislative approval anddetermination of limit of capacity.

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

NRS 244A.753 Countysproperty exempt from taxation; taxation of lessee, purchaser or obligor.

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

NRS 244A.757 Eminentdomain not available; exception.

NRS 244A.759 Limitationof actions.

NRS 244A.761 Faithof State pledged against repeal, amendment or modification of NRS 244A.669 to 244A.763, inclusive.

NRS 244A.763 CountyEconomic Development Revenue Bond Law constitutes full authority for exerciseof powers granted.

SURCHARGE FOR ENHANCEMENT OF TELEPHONE SYSTEM USED FORREPORTING EMERGENCY

NRS 244A.7641 Definitions.

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

NRS 244A.7645 Establishmentof advisory committee to develop plan to enhance telephone system for reportingemergency; creation of special revenue fund; use of money in fund.

NRS 244A.76455 Requiringdeposit of business license fees imposed in county whose population is lessthan 100,000 on providers of personal wireless service into special revenuefund; exceptions.

NRS 244A.7646 Disputeof amount of surcharge or designation of place of primary use: Notice bycustomer; review by supplier; refund, credit or explanation.

NRS 244A.7647 Recoveringcost of collecting surcharge.

TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USEIN EMERGENCY

NRS 244A.765 Definitions.

NRS 244A.767 Creationof taxing district in county whose population is 400,000 or more; boundaries ofdistrict; delegation of operation of system to metropolitan police department.

NRS 244A.768 Creationof taxing district in county whose population is less than 400,000; boundariesof district; delegation of operation of system to metropolitan policedepartment.

NRS 244A.769 Featuresof system.

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

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

NRS 244A.775 Determinationof rate of tax levy.

NRS 244A.777 Collectionof taxes; tax constitutes lien.

DISTRICT FOR THE SUPPORT OF PUBLIC PARKS

NRS 244A.785 Creationin certain counties; boundaries.

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

NRS 244A.789 Budgetof 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; limitationon repeal or modification of authorizing ordinance.

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

NRS 244A.830 Stadiumauthority: Creation; members; duties.

PERFORMING ARTS CENTER

NRS 244A.850 Departmentdefined.

NRS 244A.860 Impositionof 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 nonprofitorganization; limitation on repeal or modification of authorizing ordinance;contract with design-build team for design and construction of center.

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

_________

COUNTY BOND LAW

NRS 244A.011 Shorttitle. NRS244A.011 to 244A.065, inclusive,shall be known as the County Bond Law.

(Added to NRS by 1965, 636; A 1999, 836; 2003, 2929; 2003, 20thSpecial Session, 295)

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

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

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

(Added to NRS by 1965, 636)(Substituted in revisionfor NRS 244.783)

NRS 244A.017 Boarddefined. Board means the board of county commissionersand includes the Board of Supervisors of Carson City.

(Added to NRS by 1965, 637; A 1969, 323)(Substitutedin revision for NRS 244.784)

NRS 244A.019 Buildingproject defined. Building project means anypublic building or complex of buildings to accommodate or house lawful countyactivities, including, without limitation, courts, records, county personnel,administrative offices, welfare facilities, hospital facilities, detention homefacilities, jail facilities, facilities for the detention of children or otherjuvenile home facilities, library facilities, museum facilities, theaterfacilities, art galleries, picture galleries, auditorium facilities, expositionfacilities, athletic facilities, supplies, vehicles, road maintenance equipmentand other county equipment, or any combination thereof, structures, fixturesand furniture therefor, and all appurtenances and incidentals necessary, usefulor desirable for any such facilities, including, without limitation, all typesof property therefor.

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

NRS 244A.021 Condemnationand condemn defined. Condemnation orcondemn means the acquisition by the exercise of the power of eminent domainof property for any project, or an interest therein, herein authorized. Acounty may exercise in the State the power of eminent domain and in the mannerprovided by law for the condemnation of private property for public use, maytake 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 hereafterused. The power of eminent domain vested in the board shall include the powerto condemn, in the name of the county, either the fee simple or any lesserestate or interest in any real property which the board by resolution shalldetermine is necessary for carrying out the purposes hereof. Such resolutionshall be prima facie evidence that the taking of the fee simple or easement, asthe case may be, is necessary.

(Added to NRS by 1965, 637)(Substituted in revisionfor NRS 244.786)

NRS 244A.023 Costof the project defined. Cost of theproject, or words of similar import, means all or any part designated by theboard of the cost of any project, or interest therein, being acquired, whichcost, at the option of the board may include all or any part of the incidentalcosts pertaining to the project, including, without limitation:

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

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

3. The costs of making, publishing, posting, mailingand otherwise giving any notice in connection with the project, the taking ofoptions, the issuance of bonds and other securities, the capitalization withbond proceeds of any sale discount and of interest on the bonds for any periodnot exceeding 1 year and the filing or recordation of instruments; and

4. All other expenses necessary or desirable andappertaining to any project, as estimated or otherwise ascertained by theboard.

(Added to NRS by 1965, 637)(Substituted in revisionfor NRS 244.787)

NRS 244A.025 Countydefined. County means any county in theState. For the purposes of NRS 244A.011to 244A.065, inclusive, Carson City isconsidered as a county.

(Added to NRS by 1965, 637; A 1969, 323)(Substitutedin revision for NRS 244.788)

NRS 244A.027 Drainageand flood control project defined. Drainageand flood control project means any natural and artificial water facilitiesfor 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, transmissionlines, conduits, syphons, sluices, flumes, canals, ditches, natural andartificial watercourses, ponds, dams, retarding basins, and other waterdiversion and storage facilities, pumping stations, stream gauges, rain gauges,meters, flood warning service and appurtenant telephone, telegraph, radio andtelevision service, engines, valves, pumps, apparatus, fixtures, structures andbuildings, or any combination thereof, and all appurtenances and incidentalsnecessary, useful or desirable for any such facilities, including, withoutlimitation, all types of property therefor.

(Added to NRS by 1965, 638)(Substituted in revisionfor NRS 244.789)

NRS 244A.029 Equipmentand equip defined. Equipment or equipmeans the furnishing of all necessary or desirable, related or appurtenant,facilities, or any combination thereof, appertaining to any project, orinterest therein, herein authorized.

(Added to NRS by 1965, 638)(Substituted in revisionfor NRS 244.790)

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

(Added to NRS by 1965, 638)(Substituted in revisionfor NRS 244.791)

NRS 244A.033 Improvementand improve defined. Improvement orimprove means the extension, widening, lengthening, betterment, alteration,reconstruction, repair or other improvement (or any combination thereof) of anyproject, or an interest therein, herein authorized.

(Added to NRS by 1965, 638)(Substituted in revisionfor NRS 244.792)

NRS 244A.034 Infrastructureproject defined. Infrastructure projectmeans:

1. A capital improvement for fire protection, alibrary, a building, a park or police protection that a municipality isauthorized to improve, acquire or equip pursuant to a law other than the CountyBond Law; or

2. For a water authority, wastewater authority or anymunicipality whose governing body is composed of only the members of the board,a capital improvement for a water system, water reclamation system or sanitarysewer that the municipality is authorized to improve, acquire or equip pursuantto a law other than the County Bond Law.

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

NRS 244A.0343 Lendingproject defined. Lending project means theacquisition of municipal securities issued by a municipality located wholly orpartially within the county acquiring the municipal securities for one or moreinfrastructure projects or for the refunding of municipal securities previouslyacquired as part of a lending project by a county for one or moreinfrastructure projects or any combination thereof.

(Added to NRS by 1999, 834)

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

(Added to NRS by 2003, 2929)

NRS 244A.0345 Municipalsecurities defined. Municipal securitiesmeans notes, warrants, interim debentures, bonds and temporary bonds issued bya municipality pursuant to a law other than the County Bond Law which are:

1. General obligations payable from ad valorem taxesthat are approved by the voters of the municipality issued for a capitalimprovement of a library or park;

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

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

(a) The water system of the water authority;

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

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

(a) The water reclamation system of the wastewaterauthority;

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

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

NRS 244A.0347 Municipalitydefined. Municipality means any city, town,school district, library district, consolidated library district, fireprotection district, district for a fire department, park district, generalimprovement district organized pursuant to chapter318 of NRS, wastewater authority, water district organized pursuant to aspecial act or water authority organized as a political subdivision created bycooperative agreement.

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

NRS 244A.035 Offstreetparking project defined. Offstreet parkingproject means parking facilities for the parking of motor vehicles off thepublic streets, including, without limitation, graded, regraded, graveled,oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalkedsites therefor, driveways, ramps, structures, buildings, elevators and trafficcontrol equipment, or any combination thereof, and all appurtenances andincidentals necessary, useful or desirable for any such facilities, including,without limitation, all types of property therefor.

(Added to NRS by 1965, 638)(Substituted in revisionfor NRS 244.793)

NRS 244A.037 Overpassproject defined. Overpass project means anybridge, viaduct or other structure or facilities for the transportation ofpedestrians, motor and other vehicles, and utility lines, over any street,stream, railroad tracks, and any other way or place, including, withoutlimitation, approaches, ramps, structures, crosswalks, sidewalks, driveways,culverts, drains, sewers, manholes, inlets, outlets, retaining walls,artificial lights, pumping equipment and ventilating equipment, or any combinationthereof, and all appurtenances and incidentals necessary, useful or desirablefor any such facilities, including, without limitation, all types of propertytherefor.

(Added to NRS by 1965, 638)(Substituted in revisionfor NRS 244.794)

NRS 244A.039 Parkproject defined. Park project means realproperty, facilities and equipment for parks, including, without limitation,graded, regraded, graveled, surfaced, drained, cultivated and otherwiseimproved sites therefor, greenhouses, bandstand and orchestra facilities,auditoriums, arenas, zoo facilities, golf course facilities, clubhouses, tenniscourts, swimming pools, bathhouses, horseshoe pits, ball fields, boatingfacilities, swings, slides, other playground equipment, and other recreationalfacilities, or any combination thereof, and all appurtenances and incidentalsnecessary, useful or desirable for any such facilities, including, withoutlimitation, all types of property therefor.

(Added to NRS by 1965, 638)(Substituted in revision forNRS 244.795)

NRS 244A.043 Projectdefined. 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 ofpersonal and real property.

(Added to NRS by 1965, 639)(Substituted in revisionfor NRS 244.797)

NRS 244A.045 Propertydefined. Property means real property andpersonal property.

(Added to NRS by 1965, 639)(Substituted in revisionfor NRS 244.798)

NRS 244A.047 Publicbody 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 politicalsubdivision or body corporate and politic of the State.

(Added to NRS by 1965, 639)(Substituted in revisionfor NRS 244.799)

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

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

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

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

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

(Added to NRS by 1999, 835)

NRS 244A.049 Realproperty defined. Real property means:

1. Land, including land under water.

2. Buildings, structures, fixtures and improvements onland.

3. Any property appurtenant to or used in connectionwith land.

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

(Added to NRS by 1965, 639)(Substituted in revisionfor NRS 244.800)

NRS 244A.0505 Sewerageproject defined. Sewerage project meansfacilities 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 andtreatment works and disposal facilities, drying beds, pumping plant andstation, connections, laterals, other collection lines, outfalls, outfallsewers, trunk sewers, intercepting sewers, force mains, water lines, sewerlines, conduits, ditches, pipes, transmission lines, pumping plants, filterplants, power plants, pumping stations, gauging stations, ventilatingfacilities, 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. Asewerage project may include as a part thereof a drainage and flood controlproject.

(Added to NRS by 1993, 48)

NRS 244A.051 Statedefined. State means the State of Nevada, orany agency, instrumentality or corporation thereof; and where the context soindicates, State means the geographical area comprising the State of Nevada.

(Added to NRS by 1965, 639)(Substituted in revisionfor NRS 244.801)

NRS 244A.053 Streetproject defined. Street project means anystreet, avenue, boulevard, alley, highway or other public right-of-way used forany vehicular traffic, and including a sidewalk designed primarily for use bypedestrians, including, without limitation, grades, regrades, gravel, oiling,surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrianrights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catchbasins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges,overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificiallights and lighting equipment, parkways, grade separators, traffic separatorsand traffic control equipment, and all appurtenances and incidentals, or anycombination thereof, including, without limitation, all types of propertytherefor.

(Added to NRS by 1965, 639)(Substituted in revisionfor NRS 244.802)

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

(Added to NRS by 1965, 639)(Substituted in revisionfor NRS 244.803)

NRS 244A.0555 Wastewaterauthority defined. Wastewater authority meansan entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of whichinclude sanitation and sewerage, the treatment and disposal of wastewater, orthe development and reclamation of water resources.

(Added to NRS by 2005, 183)

NRS 244A.056 Waterproject defined. Water project meansfacilities 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 watersources, basin cribs, dams, spillways, retarding basins, detention basins,reservoirs, towers, and other storage facilities, pumping plants, infiltrationgalleries, 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 anddistribution mains, engines, boilers, pumps, meters, apparatus, tools,equipment, fixtures, structures, buildings and other facilities for theacquisition, transportation, treatment, purification and distribution ofuntreated water or potable water for domestic, commercial and industrial useand irrigation, or any combination thereof.

(Added to NRS by 1991, 1724)

NRS 244A.057 Generalpowers of board of county commissioners. Anyboard, 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 lending project if the county has adopted anordinance pursuant to subsection 3 of NRS244A.064;

4. An offstreet parking project;

5. An overpass project;

6. A park project;

7. A sewerage project;

8. A street project;

9. An underpass project; and

10. A water project.

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

NRS 244A.058 Powerof board of county commissioners to acquire, improve, equip, operate andmaintain minor league baseball stadium project; issuance of revenue bonds.

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

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

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

2. Bonds issued pursuant to this section must bepayable from the proceeds of the fee imposed by the county pursuant to NRS 244A.810 and may be additionallysecured by and payable from the gross or net revenues of the minor leaguebaseball stadium project, including, without limitation, amounts received fromany 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 orany other uses of the stadium, and related uses, including, without limitation,parking and concessions, surcharges on tickets in an amount approved by theboard, grants, whether conditional or unconditional, made for the payment ofdebt service or otherwise for the purposes of the minor league baseball stadiumproject, and any and all other sources of revenue attributable to the minorleague baseball stadium project as provided by the board in the ordinanceauthorizing the issuance of bonds or any instrument supplemental orappertaining thereto.

(Added to NRS by 2003, 2929)

NRS 244A.0585 Powerof board of county commissioners to acquire, improve, equip, operate andmaintain performing arts center; issuance of revenue bonds.

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

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

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

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

(Added to NRS by 2003, 20thSpecial Session, 295)

NRS 244A.059 Countysgeneral obligation bonds; countys debt limit.

1. Subject to the provisions of chapter 350 of NRS, any board, upon behalf of thecounty and in its name, may issue the countys 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 inpart.

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

3. A county shall not become indebted by the issuanceof general obligation indebtedness to fund the cost of lending projects in anamount exceeding 15 percent of the total last assessed valuation of the taxableproperty of the county.

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

NRS 244A.061 Paymentof bonds additionally secured by pledge of certain revenues. The payment of any bonds issued hereunder may beadditionally secured by a pledge of all or part of any revenues derived fromthe operation of any project herein authorized and from any otherincome-producing project of the county and derived from any license or otherexcise taxes levied for revenue and available for such a pledge (or anycombination thereof).

(Added to NRS by 1965, 640)(Substituted in revisionfor NRS 244.806)

NRS 244A.063 Fees,rates and charges: Establishment, maintenance and revision of schedules. In order to insure the payment, wholly or in part, of thegeneral obligation bonds or revenue bonds of the county the payment of whichbonds is additionally secured by a pledge of the revenues derived from any suchincome-producing project and from any such excise taxes, the board mayestablish and maintain, and the board may from time to time revise, a scheduleor schedules of fees, rates and charges for services or facilities, or bothservices and facilities, rendered by or through the project, within thecorporate limits of the county, and a schedule or schedules of license or otherexcise taxes, in an amount sufficient for that purpose and also sufficient todischarge any covenant in the proceedings of the board authorizing the issuanceof any of such bonds, including any covenant for the establishment ofreasonable reserve funds.

(Added to NRS by 1965, 640; A 2003, 2930; 2003, 20thSpecial Session, 295)

NRS 244A.064 Lendingprojects: Powers of county. In connection withany lending project, a county may:

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

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

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

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

5. Sell or otherwise dispose of municipal securitiesunless the county is limited by any agreement that is related to thosesecurities.

6. Refund any county general obligations issued for alending project if the county and the municipality agree to the disposition ofany savings resulting from the refunding.

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

8. Secure the payment of county general obligationsissued 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 bondsissued to finance a lending project, the board may treat the revenues of thelending project financed by an issue of county general obligation bonds aspledged revenues pursuant to subsection 3 of NRS350.020.

(Added to NRS by 1999, 835)

NRS 244A.065 Constructionand effect of County Bond Law.

1. No other act or law with regard to theauthorization or issuance of bonds that requires an approval, or in any wayimpedes 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 donepursuant hereto, except as herein otherwise provided.

2. The powers conferred by NRS 244A.011 to 244A.065, inclusive, shall be in additionand supplemental to, and not in substitution for, and the limitations imposedby NRS 244A.011 to 244A.065, inclusive, shall not affect thepowers conferred by, any other law.

3. No part of NRS244A.011 to 244A.065, inclusive,shall repeal or affect any other law or part thereof, it being intended that NRS 244A.011 to 244A.065, inclusive, shall provide aseparate method of accomplishing its objectives, and not an exclusive one; and NRS 244A.011 to 244A.065, inclusive, shall not beconstrued as repealing, amending or changing any such other law.

(Added to NRS by 1965, 643)(Substituted in revisionfor NRS 244.814)

FACILITATION OF TRANSPORTATION

NRS 244A.252 Transportationdistricts: Powers of board of county commissioners; limitations on specialelections; budget; employees.

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

(a) Organize and maintain the district.

(b) Establish, by ordinance, regulations:

(1) For the administration of its internalaffairs.

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

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

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

(c) Hold meetings as the governing body of a districtin conjunction with its meetings as the board of county commissioners withoutposting a separate agenda or posting additional notices of the meetings withinthe district.

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

2. A special election may be held only if the board ofcounty commissioners determines, by a unanimous vote, that an emergency exists.The determination made by the board is conclusive unless it is shown that theboard acted with fraud or a gross abuse of discretion. An action to challengethe determination made by the board must be commenced within 15 days after theboards determination is final. As used in this subsection, emergency meansany unexpected occurrence or combination of occurrences which requiresimmediate action by the board of county commissioners to prevent or mitigate asubstantial financial loss to the district or county or to enable the board toprovide an essential service to the residents of the county.

3. The budget of a district created pursuant to thissection must comply with the provisions of NRS354.470 to 354.626, inclusive.

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

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

NRS 244A.254 Boundariesof transportation district.

1. Except as otherwise provided in subsection 2, aboard of county commissioners which establishes a transportation district shallestablish the boundaries of the district and may alter those boundaries byordinance.

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

(Added to NRS by 1991, 29)

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

1. A county may pledge any money received from theproceeds of taxes imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351 or paragraph (a) ofsubsection 1 of NRS 278.710 or pursuantto NRS 371.045 or, with the consent ofthe regional transportation commission, received from the proceeds of the taximposed pursuant to NRS 377A.020, orany combination of money from those sources with revenue derived from theproject financed with the proceeds of the obligations for whose payment thosetaxes are pledged, including any existing or future extensions or enlargementsthereof, for the payment of general or special obligations issued for projectsdescribed in paragraph (a) of subsection 2 of NRS 244.33512, if the project for whichthe securities are issued could be directly funded with the taxes whoseproceeds are pledged for the payment of the securities.

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

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

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

STREET BEAUTIFICATION PROJECTS

NRS 244A.291 Legislativedeclaration. It is hereby declared as a matterof legislative determination that the acquisition, improvement, equipment,operation and maintenance of any street beautification project is in the publicinterest and is of special benefit to the property assessed to defray the costthereof.

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

NRS 244A.333 Streetbeautification project defined. As used in NRS 244A.291 to 244A.343, inclusive, street beautificationproject means the beautification of any street, avenue, boulevard, alley,parkway, highway or other public right-of-way used primarily for vehiculartraffic, 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, retainingwalls, landscaping, tree planting, shrubbery, foliage, fountains, waterfalls,decorative structures, benches, information booths, restrooms, signs, and otherstructures, works, and any other project or facility authorized by theConsolidated Local Improvements Law pertaining thereto, including thereconstruction and relocation of existing municipally owned works, improvementsor facilities on such streets.

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

NRS 244A.343 Generalpowers of board of county commissioners. Theboard of county commissioners of each county, upon behalf of the county and inits name, without any election, may from time to time:

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

2. Levy assessments against assessable property withinthe county to defray all or any portion of the cost thereof which is not to bedefrayed 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 Powerof board of county commissioners. In additionto powers elsewhere conferred upon the board of county commissioners, the boardof county commissioners of any county is authorized and empowered:

1. To establish, construct, purchase, otherwiseacquire, 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 thefacilities; and

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

[1:342:1955](NRS A 1969, 1573)(Substituted inrevision for NRS 244.560)

NRS 244A.445 Issuanceof general obligation or revenue bonds. Forany such purpose, the board, at any time or from time to time, in the name andon the behalf of the county may:

1. Issue:

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

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

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

3. Make a contract creating an indebtedness with theUnited States of America, or any agency or instrumentality thereof, or anyother person or agency, public or private, if a question authorizing suchcontract is submitted to and approved by the electors of the county in themanner provided for a question in NRS350.020 to 350.070, inclusive.

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

NRS 244A.447 Applicabilityof Local Government Securities Law. Subject tothe provisions of NRS 244A.445, forany recreational facilities authorized in NRS244A.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 theissuance of bonds and other county securities, and in connection with theundertaking or the recreational facilities, the board may otherwise proceed asprovided in the Local Government Securities Law.

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

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

[7:342:1955](NRS A 1967, 221)(Substituted inrevision for NRS 244.590)

NRS 244A.451 Revenueor 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 thecounty or of the general obligation bonds of the county, the payment of which issecured or is additionally secured, as the case may be, by a pledge of therevenues of such recreational facilities, of any such other income-producingproject and of any such excise taxes, as provided in NRS 244A.445 or other such specialobligation securities so secured or other such additionally secured generalobligation securities of the county, the board may establish and maintain, andfrom time to time revise, a schedule or schedules of fees, rates and chargesfor services, facilities and commodities rendered by or through therecreational facilities and any such other income-producing project and aschedule or schedules of any such excise taxes, as the case may be, in anamount sufficient for that purpose and also sufficient to discharge anycovenant in the proceedings of the board of county commissioners authorizingthe issuance of any of the bonds or other securities, including any covenantfor the establishment of reasonable reserve funds.

[12:342:1955](NRS A 1969, 1575)(Substituted inrevision for NRS 244.615)

NRS 244A.453 Bondinglimit. No county shall ever become indebtedfor such county recreational purposes under the provisions of NRS 244A.441 to 244A.453, inclusive, by the issuance ofsuch general obligation bonds and other general obligation securities (otherthan any notes or warrants maturing within 1 year from the respective dates oftheir issuance), but excluding any outstanding revenue bonds, specialassessment bonds, or other special obligation securities, and excluding anysuch outstanding general obligation notes and warrants, exceeding 3 percent ofthe total last assessed valuation of the taxable property in the county; and nocounty shall ever become indebted in an amount exceeding 10 percent of suchvaluation by the issuance of any such general obligation securities (other thanany such notes or warrants), but excluding any such outstanding specialobligation securities and excluding any such outstanding general obligationnotes and warrants.

[14:342:1955](NRS A 1969, 1575)(Substituted inrevision for NRS 244.625)

COUNTY SEWAGE AND WASTEWATER LAW

NRS 244A.455 Shorttitle. NRS244A.455 to 244A.573, inclusive,may be cited as the County Sewage and Wastewater Law.

(Added to NRS by 1973, 1726; A 1975,1336)(Substituted in revision for NRS 244.922)

NRS 244A.457 Applicabilityto county whose population is 400,000 or more. NRS 244A.455 to 244A.573, inclusive, applies to anycounty whose population is 400,000 or more.

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

NRS 244A.459 Legislativedeterminations. It is hereby declared as amatter of legislative determination that:

1. It is essential to the maintenance of the publichealth, welfare and orderly local government that each county to which NRS 244A.455 to 244A.573, inclusive, pertain be empoweredto become the master agency within its territory for the collection, disposaland treatment of sewage and wastewater. In addition, it is essential that themaster agency be empowered to perform and require compliance with any and allareawide waste management planning which may be required by the State orFederal Government in connection with the exercise or implementation of any ofthe 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 publicuse and will promote the health, safety, prosperity, security and generalwelfare of the inhabitants thereof and of the State.

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

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

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

(b) The ensuing need for extensive, coordinatedcontrol, collection, disposal and treatment of all sources of pollution, includingbut not limited to sewage, wastewater and in place or accumulated pollutionsources; and

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

6. The Legislature recognizes that there may bealternative solutions to the pollution abatement problem in such counties. Itis the intention of the Legislature that those charged with the responsibilityof correcting the problem be able to avail themselves of all assistance thatmay develop through advances in technology and changing circumstances andregulations, federal or state, that have an impact on the problem. Inconstruing the powers, authorities and responsibilities conveyed by theLegislature in NRS 244A.455 to 244A.573, inclusive, the economic burdenon the citizens of this state and the ultimate feasibility of the projectsundertaken shall be carefully weighed in the light of the state of the art andthe regulations governing the master agency at the time undertaken. Among thefactors which will determine the ultimate resolution of the problem, theprotection and the fullest beneficial use of the resource represented by thewater shall be given top priority. The Legislature finds that the courses ofaction that may be developed to find satisfactory solutions are necessary forthe preservation of this valuable natural resource of the State and are withinthe meaning of the second paragraph of Section 3 of Article 9 of the Constitutionof the State of Nevada.

7. For the accomplishment of these purposes theprovisions of NRS 244A.455 to 244A.573, inclusive, shall be broadlyconstrued.

8. The notices herein provided are reasonablycalculated to inform each interested person of his legally protected rights.

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

(Added to NRS by 1973, 1726; A 1975, 1336; 1977,19)(Substituted in revision for NRS 244.9222)

NRS 244A.461 Definitions.

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

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

(Added to NRS by 1973, 1727; A 1975, 1337; 1977,20)(Substituted in revision for NRS 244.9223)

NRS 244A.463 Advisorycommittee defined. Advisory committee meansthe county sewage and wastewater advisory committee.

(Added to NRS by 1973, 1727)(Substituted in revisionfor NRS 244.9224)

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

(Added to NRS by 1973, 1727)(Substituted in revisionfor NRS 244.9225)

NRS 244A.467 Bondrequirements defined. Bond requirementsmeans 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)(Substituted in revisionfor NRS 244.9226)

NRS 244A.469 Countydefined. County means any county as describedin NRS 244A.457.

(Added to NRS by 1973, 1727)(Substituted in revisionfor NRS 244.9227)

NRS 244A.471 Countysecurities defined. County securities meansthe 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)(Substituted in revision for NRS 244.9228)

NRS 244A.473 Dischargedefined. Discharge means any addition of apollutant or pollutants to water.

(Added to NRS by 1975, 1334)(Substituted in revisionfor NRS 244.92288)

NRS 244A.475 Facilitiesdefined. Facilities means the facilities ofthe State, county or other designated public body used or suitable for use forthe 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 allproperties, real, personal, mixed or otherwise, acquired by the State, thecounty or the public body, as the case may be, by one or more projects throughpurchase, 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 waypertaining thereto and situated within the county, whether within or without orboth within and without the territorial limits of the public body.

(Added to NRS by 1973, 1728; A 1975, 1338; 1977,21)(Substituted in revision for NRS 244.923)

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 tothe 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)(Substituted in revision for NRS 244.9231)

NRS 244A.479 Newspaperdefined. Newspaper means a newspaper printedat least once each calendar week.

(Added to NRS by 1973, 1728)(Substituted in revisionfor NRS 244.9232)

NRS 244A.481 Pointsource defined. Point source means anydiscernible, confined and discrete conveyance, including but not limited to anypipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,rolling stock, concentrated animal feeding operation, or vessel or otherfloating craft, from which pollutants are or may be discharged.

(Added to NRS by 1975, 1334)(Substituted in revisionfor NRS 244.92325)

NRS 244A.483 Pollutantdefined. Pollutant:

1. Means dredged spoil, solid waste, incineratorresidue, sewage, garbage, sewage sludge, munitions, chemical wastes, biologicalmaterials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,cellar dirt and industrial, municipal and agricultural waste discharged intowater;

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

(Added to NRS by 1975, 1334)(Substituted in revisionfor NRS 244.92327)

NRS 244A.485 Pollutiondefined. Pollution means the man-made orman-induced alteration of the chemical, physical, biological and radiologicalintegrity of water.

(Added to NRS by 1975, 1334)(Substituted in revisionfor NRS 244.92328)

NRS 244A.487 Projectdefined.

1. Project means an undertaking pertaining to suchpart of the facilities of the county or designated public body as the board orgoverning body determines to acquire, improve or equip (or any combinationthereof) and authorized at one time.

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

(Added to NRS by 1973, 1728; A 1977, 21)(Substitutedin revision for NRS 244.9233)

NRS 244A.489 Publicationand publish defined.

1. Publication or publish means three consecutiveweekly publications in at least one newspaper having general circulation in thecounty, the first publication being at least 15 days prior to the designatedtime or event.

2. Any notice or other instrument published shall notnecessarily be made on the same day of the week in each of the 3 weeks; but notless than 14 days, excluding the day of the first publication but including theday of the last publication, shall intervene between the first publication andthe last publication.

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

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

(Added to NRS by 1973, 1728)(Substituted in revisionfor NRS 244.9234)

NRS 244A.491 Servicecharges defined. Service charges means thefees, 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 servicerendered by the State, county or public body in the operation thereof, orotherwise.

(Added to NRS by 1973, 1729; A 1977, 21)(Substitutedin revision for NRS 244.9235)

NRS 244A.493 Statesecurities defined. State securities meansthe 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)(Substitutedin revision for NRS 244.9236)

NRS 244A.495 Remedialaction required when standards of water quality or conditions of permit todischarge pollutants violated. If any officerof this state or of the Federal Government who is empowered by law to determinethe existence of violations of water quality standards which have the force ofstate or federal law or violations of conditions of a pollution dischargepermit required by state or federal law notifies the county or any public bodywithin the county that such a standard or condition is being violated, or hasso notified the county or public body prior to February 24, 1977, and theviolation continues after February 24, 1977, the county shall eliminate suchviolation by the construction, other acquisition, improvement, equipment,operation, maintenance or repair of such facilities therefor as the board deemsnecessary or advisable, unless such public body, subject to the approval of theboard, eliminates such violation. If the violation occurs in facilities ownedby another public body, the county is entitled to recover from that public bodythe costs of eliminating the violation plus interest from the date on whicheach element of those costs was respectively paid.

(Added to NRS by 1973, 1729; A 1977, 22)(Substitutedin revision for NRS 244.9237)

NRS 244A.497 Technicaladvisory committee.

1. In each county there shall be appointed a technicaladvisory committee to be designated as the county sewage and wastewateradvisory committee.

2. The advisory committee consists of two members appointedby the board, three members appointed by the governing body of the mostpopulous city in the county, two members appointed by the governing body of thesecond most populous city in the county, one member appointed by the governingbody of each other city in the county, and one member appointed by thegoverning body of each water district, sanitation district or water andsanitation district in the county having within its boundaries a population of5,000 or more.

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

4. Each appointee shall serve without additionalcompensation or fidelity bond for his duties as a member of the advisorycommittee and remains a member until death or resignation or his termination asa member, with or without cause, by the governing body of the appointingmunicipality or district and its appointment of his successor. The governingbody of an appointing municipality or district shall in any case terminate themembership on the advisory committee of any of its appointed members within areasonable time after any member ceases to be employed by the municipality ordistrict in sewer or water work and shall appoint a successor with the requiredqualifications.

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

6. No member of the advisory committee may beinterested in any contract or transaction with the county under considerationby the advisory committee except in his official representative capacity or inhis capacity as a public officer or employee.

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

8. It is the intent of NRS 244A.455 to 244A.573, inclusive, that the existenceand activities of the advisory committee in no way diminish the responsibilityof the board or the officers of the county in fulfilling the legislativedeclaration expressed in NRS 244A.459and in performing its duties as the master agency of the county in thesematters.

(Added to NRS by 1973, 1729; A 1975, 1338; 1977, 22;1979, 520)(Substituted in revision for NRS 244.9238)

NRS 244A.499 Procedurefor acquisition of facilities.

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

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

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

4. If any substantial changes to the comprehensiveprogram are ordered at any time, in the original acquisition of the facilitiesor in any improvement thereto, or otherwise, a further hearing shall be heldpursuant to notice which shall be given by publication.

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

(Added to NRS by 1973, 1730; A 1977, 23)(Substitutedin revision for NRS 244.9239)

NRS 244A.501 Acquisitionof competing facilities prohibited; acquisition of properties of other publicbodies.

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

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

(Added to NRS by 1973, 1730; A 1977, 24)(Substitutedin revision for NRS 244.924)

NRS 244A.503 Approvalof preliminary plans for facilities.

1. Before the State acting through the board, or thecounty, prepares or causes to be prepared plans, specifications or otherdocuments for the construction, other acquisition, improvement or equipment ofany work or other real property for the facilities of the State or the countyexcept repairs, major renewals and major replacements, the State or the countyshall submit preliminary plans to:

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

(b) The county board of health; and

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

2. Each such agency may require the State or thecounty to submit additional information to the agency pertaining to any suchrequest for such approval and may require modifications to such plans as acondition of the agencys approval.

3. Upon the receipt of each agencys approval inwriting of such plans, the State or the county may prepare or cause to beprepared plans, specifications or other documents for the construction, otheracquisition, improvement or equipment of such works or property in conformancewith such approval.

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

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

NRS 244A.505 Approvalof plans and specifications for facilities.

1. Before the State acting through the board, or thecounty, constructs, otherwise acquires, improves or equips any work or otherreal property for the facilities of the State or the county except repairs,major renewals and major replacements, the State or the county shall submitplans, specifications or other instruments or other documents pertainingthereto for the approval of such acquisitions, improvements or equipment to theDivision of Environmental Protection of the State Department of Conservationand Natural Resources.

2. The Division may require the State or the county tosubmit additional information pertaining to any such request for such approvaland may require modifications to such instruments or documents as a conditionof its approval.

3. Upon the receipt of the Divisions approval inwriting of such works or other property, the State or the county may construct,otherwise acquire, improve or equip such works or property in conformance withsuch approval.

(Added to NRS by 1977, 18)(Substituted in revisionfor NRS 244.92415)

NRS 244A.507 Methodsof funding countys acquisition of facilities. Thecounty may also for the purpose of acquiring facilities:

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

2. Fund or refund any loan or obligation of the countyand 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 againstall taxable property within the county as hereinafter provided, subject to thelimitations 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 chargespertaining to the facilities of the county, including, without limitation,minimum charges and charges for availability of the facilities or servicesrelating thereto, pledge such revenues for the payment of county securities,and enforce the collection of such revenues by civil action or by any othermeans provided by law.

5. Purchase, acquire by gift or otherwise acquireproperties, including without limitation existing sewage or wastewater systemsor 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 aninterest therein. The county may acquire such properties subject to anymortgage, deed of trust or other lien on the acquired properties to secure thepayment of any obligations pertaining thereto.

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

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

NRS 244A.509 Generalpowers of county in relation to facilities. Thecounty may in relation to the facilities:

1. Hire and retain officers, agents, employees,engineers and any other persons, permanent or temporary, necessary or desirableto effect the purposes hereof, defray any expenses incurred thereby inconnection with its facilities, and acquire office space, equipment, services,supplies, fire and extended coverage insurance, use and occupancy insurance,workmens compensation insurance, property damage insurance, public liabilityinsurance for the county and its officers, agents and employees, and othertypes of insurance, as the board may determine; but no provision hereinauthorizing the acquisition of insurance shall be construed as waiving anyimmunity of the county or any director, officer or agent otherwise existing underthe laws of the State.

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

3. Pay or otherwise defray and contract so to pay ordefray, 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 theFederal Government, the State, any public body or any person incurred inconnection with any property thereof subsequently acquired therefrom by thecounty and relating to its facilities.

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

5. Adopt, amend, repeat, enforce and otherwiseadminister such reasonable ordinances, resolutions, rules, regulations andorders as the county determines necessary or convenient for the operation,maintenance, management, government and use of the countys facilities and anyother like facilities under its control.

6. Adopt, amend, repeal, enforce and otherwiseadminister under the police power within the territorial limits of the countysuch reasonable ordinances, resolutions, rules, regulations and orders inrelation to the collection, disposal or treatment of sewage and wastewaterafter a public hearing thereon is held by the board, in connection with whichany public body in the area involved or otherwise exercising powers affectingthe functions and services therein of the county and persons of interest havean opportunity to be heard, after mailed notice of the hearing is given by theclerk to each such public body and after notice of such hearing is given bypublication by the clerk to persons of interest, both known and unknown.

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

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

(Added to NRS by 1973, 1732)(Substituted in revisionfor NRS 244.9243)

NRS 244A.511 Additionalpowers 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 operatingor service contracts and agreements, acquisition, improvement, equipment ordisposal contracts or other arrangements, for any term not exceeding 50 years,with the Federal Government, the State or any public body concerning thefacilities, and any project or property pertaining thereto, whether acquired bythe county, by the Federal Government, by the State or by any public body, andmay accept grants and contributions from the Federal Government, the State, anypublic body or any person.

2. Enter into and perform, without any election, whendetermined 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 ofany property pertaining to such facilities of the county or any projectrelating thereto and the payment periodically thereby to the county of amountsat least sufficient, if any, in the determination of the board, to compensatethe county for the cost of providing, operating and maintaining such facilitiesserving the Federal Government, the State, such public body or such person, orotherwise; but no such service contract shall be entered into with any suchparty who at such time is being lawfully served by another public body withoutthe 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 publicbody or any person for or concerning the planning, construction, lease or otheracquisition, improvement, equipment, operation, maintenance, disposal and thefinancing of any property pertaining to the facilities of the county or to anyproject of the county, including, but not necessarily limited to, any contractagreement for any term not exceeding 50 years.

4. Cooperate with and act in conjunction with theFederal Government or any of its engineers, officers, boards, commissions ordepartments, or with the State or any of its engineers, officers, boards,commissions or departments, or with any public body or any person in theacquisition, improvement or equipment of any facilities or any projectauthorized for the county or for any other works, acts or purposes provided forherein, and adopt and carry out any definite plan, system or work for any suchpurpose.

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

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

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

6. Provide, by any contract for any term not exceeding50 years, or otherwise, without an election:

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

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

(Added to NRS by 1973, 1733; A 1977, 26)(Substitutedin revision for NRS 244.9244)

NRS 244A.513 Methodsof funding States acquisition of facilities. TheState, acting through the board, may also for the purpose of acquiringfacilities:

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

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

3. Levy and cause to be collected taxes on and againstall taxable property within the State as hereinafter provided, subject to thelimitations 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 chargespertaining to the facilities of the State, pledge such revenues for the paymentof state securities, and enforce the collection of such revenues by civilaction or by any other means provided by law.

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

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

(Added to NRS by 1977, 13)(Substituted in revisionfor NRS 244.92441)

NRS 244A.515 Generalpowers of State in relation to facilities. TheState, acting through the board, may in relation to the facilities of theState:

1. Acquire office space, equipment, services,supplies, fire and extended coverage insurance, use and occupancy insurance,workmens compensation insurance, property damage insurance, public liabilityinsurance for the State, the county and their respective officers, agents andemployees, and other types of insurance, as the board may determine, but noprovision herein authorizing the acquisition of insurance waives any immunityof the State, the county or any director, officer or agent otherwise existingunder the laws of the State.

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

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

4. Adopt, amend, repeal, enforce and otherwiseadminister such reasonable rules, regulations and orders as the boarddetermines necessary or convenient for the operation, maintenance, management,government and use of the States facilities and any other like facilitiesunder its control.

5. Adopt, amend, repeal, enforce and otherwiseadminister under the police power within the territorial limits of the countysuch reasonable rules, regulations and orders in relation to the collection,disposal or treatment of sewage and wastewater after a public hearing thereonis held by the board, in connection with which any public body in the areainvolved or otherwise exercising powers affecting the functions and servicestherein 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 eachsuch public body and after notice of such hearing is given by publication bythe clerk to persons of interest, both known and unknown.

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

(Added to NRS by 1977, 14)(Substituted in revisionfor NRS 244.92443)

NRS 244A.517 Additionalpowers of State: Contract with county for employment of countys personnel. The State, acting through the Governor, may, in relationto state facilities, contract with the county for it to hire and retainofficers, agents, employees, engineers and any other persons, as countypersonnel permanent or temporary, whose employment is necessary or desirable toeffect the purposes hereof, and to defray any expenses incurred thereby inconnection with state facilities as operation and maintenance expenses thereof.

(Added to NRS by 1977, 15)(Substituted in revisionfor NRS 244.92445)

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

1. Enter into and perform joint operating or servicecontracts and agreements, acquisition, improvement, equipment or disposalcontracts or other arrangements, for any term not exceeding 50 years, with theFederal 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 acceptgrants and contributions from the Federal Government, the county, any publicbody 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 ofany property pertaining to such facilities of the State or any project relatingthereto and the payment periodically by the other contracting party to theState of amounts at least sufficient, in the determination of the Governor, tocompensate the State for the cost, if any, of providing, operating and maintainingsuch facilities serving the Federal Government, the county, such public body orsuch person, or otherwise, but no such service contract may be entered intowith any such party who at such time is being lawfully served by another publicbody without the prior consent of such presently serving public body.

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

4. Cooperate with and act in conjunction with theFederal Government or any of its engineers, officers, boards, commissions ordepartments, or with the county or any of its engineers, officers, boards,commissions or departments, or with any public body or any person in theacquisition, improvement or equipment of any facilities or any projectauthorized for the State or for any other works, acts or purposes provided forherein, and adopt and carry out any definite plan, system or work for any suchpurpose.

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

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

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

6. Provide, by any contract for any term not exceeding50 years, or otherwise:

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

(Added to NRS by 1977, 15)(Substituted in revisionfor NRS 244.92447)

NRS 244A.521 Additionalpowers of county or State: Acquisition and operation of facilities. The county, or the State acting through the board, mayalso:

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

2. Acquire property by agreement, condemnation by theexercise of the power of eminent domain or otherwise, and in case any street,road, highway, railroad, canal, ditch or other property subject or devoted topublic use and located within the county, whether within or without or bothwithin and without the territorial limits of any public body, becomes subjectto interference by reason of the construction or proposed construction of anyworks 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 condemnationproceedings and if the court finds that public necessity or convenience sorequire, the judgment may direct the county or the State, as the case may be,to relocate such street, road, highway, railroad, canal, ditch or otherproperty in accordance with the plans prescribed by the court.

(b) If, by such judgment or agreement, the county orthe State is required to relocate any such street, road, highway, railroad,canal, ditch or other property subject or devoted to public use, the board mayacquire 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 withthe agreement or judgment of condemnation, and thereafter make such conveyanceof such relocated street, road, highway, railroad, canal, ditch or otherproperty as may be proper to comply with the agreement or judgment.

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

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

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

5. Arbitrate any differences arising in connectionwith the facilities and any project or otherwise concerning the county or theState.

6. Have the management, control and supervision of allbusiness and affairs pertaining to the facilities and any project hereinauthorized, or otherwise concerning the county or the State, and of theacquisition, improvement, equipment, operation, maintenance and disposal of anyproperty pertaining to the facilities or any such project.

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

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

9. Adopt any ordinance or resolution authorizing aproject or the issuance of county securities or state securities, or any combinationthereof.

10. Make and execute an indenture or other trustinstrument pertaining to any county securities or state securities hereinauthorized, except as otherwise provided in NRS244A.455 to 244A.573, inclusive.

11. Make all contracts, execute all instruments and doall things necessary or convenient in the exercise of the powers grantedherein, or in the performance of the countys or the States covenants orduties, or in order to secure the payment of county or state securities.

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

13. Exercise all or any part or any combination of thepowers herein granted.

(Added to NRS by 1973, 1734; A 1975, 1339; 1977,27)(Substituted in revision for NRS 244.9245)

NRS 244A.523 Powersof other public bodies. The governing body ofany public body, upon its behalf and in its name, for the purpose of aiding andcooperating in any project herein authorized, upon the terms and with orwithout 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 anyother property, or any interest therein, pertaining to any project.

2. Make available to the county or the State fortemporary use or otherwise to dispose of any machinery, equipment, facilitiesand other property, and any agents, employees, persons with professionaltraining, and any other persons, to effect the purposes hereof. Any suchproperty and persons owned or in the employ of any public body while engaged inperforming for the county or the State any service, activity or undertakingherein authorized, pursuant to contract or otherwise, have and retain all ofthe powers, privileges, immunities, rights and duties of, and shall be deemedto be engaged in the service and employment of such public body,notwithstanding such service, activity or undertaking is being performed in orfor the county or the State.

3. Enter into any agreement or joint agreement betweenor among the Federal Government, the State, the county and any public bodiesextending over any period not exceeding 50 years, which is mutually agreedthereby, notwithstanding any law to the contrary, respecting action orproceedings pertaining to any power herein granted, and the use or joint use ofany 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 projectherein authorized, or any part or parts thereof, or any interest in personalproperty or real property, or any funds available for acquisition, improvementor equipment purposes, including the proceeds of any securities previously orhereafter issued for acquisition, improvement or equipment purposes which maybe used by the county in the acquisition, improvement, equipment, maintenanceand operation of any facilities or project herein authorized.

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

6. Budget and appropriate, and each public body ishereby required and directed to budget and appropriate, from time to time, theproceeds of taxes, service charges and other revenues legally availabletherefor to pay all obligations, which may be either general obligations orspecial obligations, arising from the exercise of any powers herein granted assuch obligations shall accrue and become due.

7. Provide for an agency, by any agreement hereinauthorized, to administer or execute that or any collateral agreement, whichagency may be one of the parties to the agreement, or a commission or boardconstituted pursuant to the agreement.

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

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

(Added to NRS by 1973, 1736; A 1977, 28)(Substitutedin revision for NRS 244.9246)

NRS 244A.525 Extraterritorialpowers and rights of officer, agent or employee of State, county or otherpublic body. All of the powers, privileges, immunitiesand rights, exemptions from laws, ordinances and rules, all pension, relief,disability, workmens compensation and other benefits which apply to theactivity of officers, agents or employees of the State or the county or anypublic body when performing their respective functions within the territoriallimits of the respective public agencies apply to them to the same degree andextent while engaged in the performance of any of their functions and dutiesextraterritorially hereunder, and while engaged in the performance of any oftheir functions and duties under any contract or agreement authorizedhereunder.

(Added to NRS by 1973, 1737; A 1977, 30)(Substitutedin revision for NRS 244.9247)

NRS 244A.527 Mannerof exercising boards powers pertaining to States facilities and securities. The board, in connection with powers which it exerciseshereunder and pertaining to any state facilities or state securities, or both,shall exercise such powers in the same manner as if such facilities orsecurities, or both, were county facilities or county securities, or both, bythe adoption of ordinances, resolutions, or otherwise, as provided in chapter 244 of NRS and other laws relating tocounties, including, without limitation, NRS350.579.

(Added to NRS by 1977, 16)(Substituted in revisionfor NRS 244.92473)

NRS 244A.529 Powerof board to invest money. The board may investor cause to be invested all money, whether federal, state, county or other,which may come into its possession under NRS244A.455 to 244A.573, inclusive,in the manner provided by law for the investment of county funds, but anyinterest which may be earned on money provided by the State or by the FederalGovernment shall be added to and applied to the same purpose as the principal.

(Added to NRS by 1977, 16)(Substituted in revisionfor NRS 244.92475)

NRS 244A.531 Powerof board to levy and collect general taxes. Inaddition to the other means for providing revenue to defray the costs of theactivities and projects authorized by NRS244A.455 to 244A.573, inclusive,and to meet general obligation bond requirements, the board shall have powerand authority to levy and collect general (ad valorem) taxes on and against alltaxable property within the county.

(Added to NRS by 1973, 1737; A 1975,1341)(Substituted in revision for NRS 244.9248)

NRS 244A.533 Powerof 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 director indirect connection with, or the use or services of, the facilities of thecounty or the State, respectively. These fees may include minimum charges,charges for the availability of facilities or services, and charges for futurecapital improvements, whether the facilities are in operation or being acquired.

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

3. Such service charges of the county or the State mayaccrue from any date which the board provides in any ordinance authorizing orother instrument pertaining to the issuance of any securities or in anycontract with the Federal Government, the State, the county, any public body orany person.

4. For the purpose of charging to and collectingservice charges from persons owning or occupying real property which isconnected to the facilities of any public body in the county, the county, orthe State acting through the board, may bring an action in any court ofcompetent jurisdiction to compel the public body to disclose the names andaddresses of all such persons.

(Added to NRS by 1973, 1737; A 1977, 30)(Substitutedin revision for NRS 244.9249)

NRS 244A.535 Contractsfor billing and collection of service charges. Thecounty, or the State acting through the board, may enter into a writtencontract with any public body or person providing for the billing andcollection by such public body or person of any of the service charges leviedby the board. If all or any part of any bill rendered by any such public bodyor person pursuant to any such contract is not paid, and if that public body orperson renders any public utility service to the public body or person billed,that public body or person may discontinue its utility service until the billis paid. The contract between the board and such public body or person mayprovide for such discontinuance.

(Added to NRS by 1977, 17)(Substituted in revisionfor NRS 244.92491)

NRS 244A.537 Servicecharges payable constitute general obligations; debt limits unaffected. The Legislature has determined and does hereby declarethat the obligations arising from time to time of the State or any public bodyto pay service charges fixed in connection with the countys facilities shallconstitute general obligations of the State or the public body charged withtheir payment; but as such obligations accrue for current services and benefitsfrom and use of such facilities, the obligations shall not constitute anindebtedness of the State or the public body within the meaning of anyconstitutional, charter or statutory limitation or other provision restrictingthe incurrence of any debt.

(Added to NRS by 1973, 1738)(Substituted in revisionfor NRS 244.925)

NRS 244A.539 Enforcementof 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 whichfails to pay such charges within 90 days after they become due and payable, inaddition to any other remedy fixed by contract or otherwise, by an action inthe nature of a writ of mandamus or other action in any court of competentjurisdiction to compel the levy without limitation as to rate or amount, exceptfor the limitation in Section 2 of Article 10 of the Nevada Constitution, bythe governing body of the public body and the collection of taxes on andagainst all taxable property therein sufficient in amount to pay suchdelinquent 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 levysuch taxes sufficient for the payment of such charges as they become due andpayable. The governing body may also apply for that purpose any other fundsthat 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 useof or otherwise in connection with its sewer system, or from any other source.

3. Upon such payments being made, the levy or leviesof taxes for the payment of the service charges so imposed by the county or theState 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 1sufficient in amount to pay such service charges of the county or the Statepromptly as they become due and payable.

(Added to NRS by 1973, 1738; A 1977, 30)(Substitutedin revision for NRS 244.9251)

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

1. The board may elect to have service charges forcounty or state facilities for the forthcoming fiscal year collected on the taxroll in the same manner, by the same persons and at the same time as, andtogether with, the countys general taxes. If it so elects, it shall cause awritten report to be prepared and filed with the county clerk, which shallcontain a description of each parcel of real property receiving such servicesand the amount of the charge for each parcel for such year, computed in conformitywith the charges prescribed by the board.

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

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

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

(Added to NRS by 1977, 17)(Substituted in revisionfor NRS 244.92511)

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

1. Before the board may have service charges collectedon the tax roll, the board shall cause a notice in writing of the filing of thereport proposing to have such charges for the forthcoming fiscal year collectedon the tax roll and of the time and place of hearing thereon, to be mailed toeach person to whom any parcel or parcels of real property described in thereport is assessed in the last equalized assessment roll available on the datethe report is prepared, at the address shown on the assessment roll or as knownto the assessor. If the board adopts the report, the requirements for notice inwriting to the persons to whom parcels of real property are assessed does notapply to hearings on reports prepared in subsequent fiscal years but notice bypublication as provided in this section is adequate.

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

(Added to NRS by 1977, 17)(Substituted in revisionfor NRS 244.92512)

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

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

2. Upon the conclusion of the hearing, the board mayadopt, revise, change, reduce or modify any charge or overrule any or allobjections and shall make its determination upon each charge as described inthe report. This determination is final.

3. After the hearing, when the board has made a finaldecision 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 shallcontain a description of each parcel receiving the services and the amount ofthe charge, with the county assessor for inclusion on the assessment roll. If areport is filed after the closing of the assessment roll but before theextension of the tax roll, the auditor shall insert the charges in such extension.

(Added to NRS by 1977, 18)(Substituted in revisionfor NRS 244.92513)

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

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

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

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

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

(Added to NRS by 1977, 18)(Substituted in revisionfor NRS 244.92514)

NRS 244A.549 Lienfor unpaid service charges.

1. Until paid, all service charges of the county orthe State charged to any person owning or occupying real property in the countyconstitute 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 ofnonpayment of any other lien, claim or title, including liens for general taxesand special assessments.

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

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

NRS 244A.551 Basicpenalty for nonpayment of service charges. Theboard may provide for a basic penalty for nonpayment of service charges withinthe time and in the manner prescribed by it. The basic penalty shall not bemore than 10 percent of each months charges for the first month delinquent. Inaddition to the basic penalty it may provide for a penalty of not more than 1.5percent per month for nonpayment of the charges and basic penalty. On the firstday of the calendar month following the date of payment specified in the billthe charge becomes delinquent if the bill or that portion thereof which is notin bona fide dispute remains unpaid. The board may provide for collection ofthe penalties provided for in this section.

(Added to NRS by 1977, 17)(Substituted in revisionfor NRS 244.92517)

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

(Added to NRS by 1977, 17)(Substituted in revisionfor NRS 244.92518)

NRS 244A.555 Acquisitionand 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 theState of Nevada, may:

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

(b) Acquire, hold, operate, maintain, improve anddispose of properties pertaining to the facilities defined in NRS 244A.475, including, withoutlimitation, water and water rights, for the benefit and welfare of the peopleof this state;

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

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

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

3. The advisory committee may recommend to the boardthe implementation of design, engineering, specification development or pilotplant studies for the furtherance of any project or phase of a project toaccomplish the development of the facilities defined in NRS 244A.475. The implementation of suchrecommendations to be financed by the issuance of state securities may beauthorized by the board with the approval of the Governor and the LegislativeCommission of the Legislature.

4. The board, on behalf of and in the name of theState of Nevada, may transfer all of its interest in any facility financedpursuant to NRS 244A.455 to 244A.573, inclusive, to a generalimprovement district operating pursuant to chapter318 of NRS to provide sanitary facilities for sewage within the county. Anysuch transfer must be on terms and conditions that are mutually agreeable tothe board of county commissioners and the board of trustees of the generalimprovement district. Upon such a transfer, except as otherwise provided insubsection 5, the board of trustees of the general improvement district isauthorized to exercise on behalf of the State all powers that the board ofcounty commissioners is authorized to exercise on behalf of the State pursuantto NRS 244A.455 to 244A.573, inclusive, including the powerto issue state securities. The board of trustees of the general improvementdistrict shall assume all duties and responsibilities of the board of countycommissioners with respect to any facility financed pursuant to NRS 244A.455 to 244A.573, inclusive, and any bonds orother obligations of the State issued for those facilities. Upon such atransfer, all money held by the county pertaining to the facilities and anybonds or other obligations of the State issued for the facilities must be transferredto the general improvement district.

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

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

NRS 244A.557 Servicecharges for sewerage. Although the board is empoweredon behalf of the State to issue general obligation securities, the board shallassess the costs of the project against the users thereof through sewer servicecharges collected by or on behalf of the board at such times and in suchamounts as will enable the State to pay in timely manner all operation andmaintenance expenses and all principal of and interest on any state securitiesissued, sold and delivered to pay for all or any portion of the project, toaccumulate and maintain any reserve and replacement accounts pertaining to thefacilities and such securities provided in the ordinance or other proceedingsrelating thereto, and to make such payments, if any, as it is required to maketo the Federal Government or any agency thereof, pursuant to any contract bywhich the Federal Government made a loan to the State for payment of any of thecosts of the project. This section constitutes full and complete authority forthe board to levy, collect and enforce such sewer service charges in suchmanner and in such amounts as the board determines appropriate from time totime.

(Added to NRS by 1973, 1739; A 1977, 32)(Substitutedin revision for NRS 244.9254)

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

1. The payment of county or state securities or anyother obligations of the county or State shall not be secured by anencumbrance, 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 otherobligations.

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

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

NRS 244A.561 Norecourse based on securities against director, officer or agent of county orState. No recourse may be had for the paymentof the principal of, any interest on, or any prior redemption premiums due inconnection with any bonds or other county or state securities or otherobligations of the county evidenced by any other contract or for any claimbased thereon or otherwise upon the ordinance or resolution authorizing theissuance of such securities or the incurrence of such other obligations orother instrument pertaining thereto, against any individual director or anyofficer 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 orotherwise, whether by virtue of any constitution or statute, or by theendorsement of any penalty or otherwise, all such liability, if any, being bythe acceptance of the securities and as a part of the consideration of theirissuance or by the making of any other contract specially waived and released.

(Added to NRS by 1973, 1740; A 1977, 33)(Substitutedin revision for NRS 244.9256)

NRS 244A.563 Faithof State pledged not to impair securities. Thefaith of the State is hereby pledged that NRS244A.455 to 244A.573, inclusive,any law supplemental or otherwise pertaining thereto, and any other actconcerning the bonds or other county or state securities, taxes or the pledgedrevenues, or any combination of such securities, such taxes and such revenues,shall not be repealed nor amended or otherwise directly or indirectly modifiedin such a manner as to impair adversely any outstanding county or statesecurities, until all such securities have been discharged in full or provisionfor their payment and redemption has been fully made, including, withoutlimitation, from the known minimum yield from the investment or reinvestment ofmoneys pledged therefor in federal securities.

(Added to NRS by 1973, 1740; A 1975, 1341; 1977,33)(Substituted in revision for NRS 244.9257)

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

(Added to NRS by 1973, 1740; A 1977, 33)(Substitutedin revision for NRS 244.9258)

NRS 244A.567 Countysofficers to effectuate provisions of NRS 244A.455 to 244A.573,inclusive. The officers of the county areauthorized and directed to take all action necessary or appropriate toeffectuate the provisions of NRS 244A.455to 244A.573, inclusive.

(Added to NRS by 1973, 1741; A 1975,1342)(Substituted in revision for NRS 244.9259)

NRS 244A.569 CountySewage and Wastewater Law constitutes full authority for exercise of powersgranted.

1. NRS 244A.455to 244A.573, inclusive, withoutreference to other statutes of the State, except as herein otherwise expresslyprovided, 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 hereinauthorized wholly or in part and the issuance of county or state securities toevidence such loans.

2. No other act or law with regard to the making ofcontracts, the authorization or issuance of securities, other than theprovisions of NRS 350.011 to 350.0165, inclusive, which apply only tothe issuance of county securities, or the exercise of any other power hereingranted that provides for an election, requires an approval, or in any wayimpedes or restricts the carrying out of the acts herein authorized to be doneapplies to any proceedings taken hereunder or acts done pursuant hereto, exceptas 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 thingsherein authorized to be done, and the State, the county and any public body maynot perform any of the acts herein authorized to be done, except as hereinprovided.

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

5. The powers conferred by NRS 244A.455 to 244A.573, inclusive, are in addition toand supplemental to, and the limitations imposed by such sections do not affectthe powers conferred by any other law, general or special, and securities maybe issued under those sections without regard to the procedure required by anyother such law except as otherwise provided in those sections or in the StateSecurities Law. Insofar as the provisions of such sections are inconsistentwith the provisions of any other law, general or special, the provisions ofthose sections are controlling.

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

(Added to NRS by 1973, 1741; A 1975, 1342; 1977,33)(Substituted in revision for NRS 244.926)

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

1. The officers of the county shall develop anareawide waste management plan pursuant to NRS244A.459, subject to the approval of the State Department of Conservationand Natural Resources. The county officers may revise this plan as often asthey deem it necessary. A plan must include but need not be limited to thefollowing:

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

(1) Any requirements for the acquisition ofland;

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

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

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

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

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

(3) Ensure that any industrial or commercialwastes discharged into any treatment works in the area meet applicablepretreatment requirements;

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

(e) The identification of the measures necessary to carryout 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, socialand environmental effect of carrying out the plan within that period;

(f) A process to:

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

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

(g) A process to:

(1) Identify, if appropriate, mine-relatedsources of pollution including new, current and abandoned surface andunderground mine runoff; and

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

(h) A process to:

(1) Identify sources of pollution related toconstruction; and

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

(i) A process to:

(1) Identify, if appropriate, salt waterintrusion into rivers, lakes and estuaries resulting from reduction of freshwater flow from any cause, including irrigation, obstruction, groundwaterextraction and diversion; and

(2) Set forth procedures and methods to controlsuch an intrusion to the extent feasible where the procedures and methods areotherwise a part of the waste treatment management plan;

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

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

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

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

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

1. The county shall adopt all necessary ordinances,regulations and policies to effectuate the adopted areawide waste managementplan described in subsection 1 of NRS244A.571.

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

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

(Added to NRS by 1975, 1335)(Substituted in revisionfor NRS 244.9263)

COUNTY FAIR AND RECREATION BOARDS

General Provisions

NRS 244A.597 Countyspowers concerning recreational facilities.

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

(a) To establish, construct, purchase, otherwiseacquire, reconstruct, improve, extend and better fairgrounds, expositionbuildings, convention halls, auditoriums, fieldhouses, amusement halls, publicparks, 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;

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

(e) To advertise, publicize and promote the recreationalfacilities located in the county which are owned by the county, the State or anincorporated 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 usedfor recreational purposes.

[1:383:1955](NRS A 1961, 300, 453; 1963, 99; 1965,10; 1969, 1576; 1973, 1509)(Substituted in revision for NRS 244.640)

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

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

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

(b) In the case of a county, cause a certified copy ofthe resolution to be mailed by registered or certified mail to the mayor orother 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 incorporatedcity, except an incorporated city which is the county seat, must be representedby one member and any incorporated city which is the county seat must berepresented by four members. Within 30 days after the day of publication of theresolution or the day on which the last of the copies of the resolution wasmailed, whichever day is later, the mayor or other chief executive officershall, with the approval of the legislative body of the city, appoint a memberor members of the city council or board of trustees to serve on the board forthe remainder of his or their terms of office. The clerk or secretary of thecity shall promptly certify the appointment by registered or certified mail tothe county clerk.

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

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

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

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

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

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

6. In all counties whose population is less than100,000, one member of the board of county commissioners must be appointed bythe county commissioners to serve on the board for the remainder of his term ofoffice.

7. In all counties whose population is less than100,000, and in which there is no incorporated city, the board of county commissionersshall appoint one member to represent the county at large.

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

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

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

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

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

10. The terms of all elected officials are coterminouswith their terms of office. Any such member may succeed himself.

[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 Countyfair and recreation board in county whose population is 100,000 or more butless than 400,000: Number, appointment and terms of members; vacancies.

1. In any county whose population is 100,000 or more,and less than 400,000, the county fair and recreation board consists of 13members who are appointed as follows:

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

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

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

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

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

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

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

(5) One member who is a representative of otherbusiness or commercial interests, including gaming establishments, from a listof nominees submitted by a visitors bureau, other than a county fair andrecreation board or a bureau created by such a board, that is authorized by lawto receive a portion of the tax on transient lodging, if any. If no such bureauexists in the county, the nominations must be made by the chamber of commerceof the third largest township in the county.

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

If themembers entitled to vote find the nominees on a list of nominees submittedpursuant to this paragraph unacceptable, they shall request a new list ofnominees.

2. The terms of members appointed pursuant toparagraphs (a), (b) and (c) of subsection 1 are coterminous with their terms ofoffice. The members appointed pursuant to paragraph (d) of subsection 1 must beappointed for 2-year terms. Any vacancy occurring on the board must be filledby the authority entitled to appoint the member whose position is vacant. Eachmember appointed pursuant to paragraph (d) of subsection 1 may succeed himselfonly once.

3. If a member ceases to be engaged in the business oroccupation which he was appointed to represent, he ceases to be a member, andanother person engaged in that business or occupation must be appointed for theunexpired term.

4. Any member appointed by the board of countycommissioners or a governing body of a city must be a member of the appointingboard or body.

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

NRS 244A.603 Countyfair and recreation board in county whose population is 400,000 or more:Number, appointment and terms of members; vacancies.

1. In any county whose population is 400,000 or more,the county fair and recreation board consists of 14 members selected asfollows:

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

(b) Two members by the governing body of theincorporated city with the largest population in the county from their ownnumber.

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

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

(e) One member by the governing body of theincorporated city with the smallest population in the county from their ownnumber.

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

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

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

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

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

(2) Three members must be selected from a listof nominees submitted by the association of gaming establishments whosemembership in the county collectively paid the most gross revenue fees to theState pursuant to NRS 463.370 in thepreceding year. If the nominees so listed are unsatisfactory to the membersmaking the selection, they may, until satisfied, request additional lists ofnominees. The members selected pursuant to this subparagraph must berepresentatives of the resort hotel business, at least one of whom is engagedin that business in the central business district of the incorporated city withthe largest population in the county.

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

3. Any vacancy occurring on a county fair andrecreation board must be filled by the authority entitled to appoint the memberwhose position is vacant.

4. After the initial appointments of members appointedpursuant to paragraph (g) of subsection 1, all members must be appointed for2-year terms. If any such member ceases to be engaged in the business sectorwhich he was appointed to represent, he ceases to be a member, and anotherperson engaged in that business must be appointed to fill the unexpired term.Any such member may succeed himself.

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

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

(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)

NRS 244A.605 Vacancies;reorganization of board.

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

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

3. During July of each even-numbered year, each countyfair and recreation board in any county whose population is 100,000 or more,but less than 400,000, shall reorganize by electing the officers designated insubsection 1 of NRS 244A.611.

4. The officers elected pursuant to subsections 2 and3 hold office for the ensuing biennium, or until their successors are electedand qualified. Any vacancy among such officers occurring between biennialelections must be filled by the county fair and recreation board to serve outthe unexpired term of his predecessor.

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

NRS 244A.607 Nameof board: Designation; use. Each county fairand recreation board may, by resolution, designate the name by which the fairand recreation board of that county shall be known, and the name designated maycontain the name of the largest incorporated city within the county. It shallbe lawful for the fair and recreation board of such county to use suchdesignated name for all purposes, including the right to contract, to sue andbe 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)(Substituted in revision for NRS 244.654)

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

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

(a) His oath of office.

(b) A corporate surety bond furnished at countyexpense, in an amount not to exceed $1,000, and conditioned for the faithfulperformance of his duties as a member of the board.

2. Except as otherwise provided in subsection 3, nomember 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 transactionwith the board or the county except in his official representative capacity.

3. Each member of a board created and existing in acounty whose population is 100,000 or more is entitled to receive $480 permonth or $80 for each meeting of the board or a committee of the boardattended, 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 aschairman and one of its members as vice chairman, and shall elect a secretaryand a treasurer, who may be members of the board. The secretary and thetreasurer may be one person.

2. The secretary shall keep audio recordings ortranscripts of all meetings and, in a well-bound book, a record of all of theproceedings of the board, minutes of all meetings, certificates, contracts,bonds given by employees, and all other acts of the board. Except as otherwiseprovided in NRS 241.035, the minutebook, audio recordings, transcripts and records must be open to the inspectionof all owners of real property in the county as well as to all other interestedpersons, at all reasonable times and places.

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

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

NRS 244A.613 Meetings;quorum; seal.

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

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

3. The board shall adopt a seal.

[Part 5:383:1955] + [6:383:1955](Substituted inrevision for NRS 244.670)

NRS 244A.615 Compliancewith Local Government Budget and Finance Act. Asprovided by law, the county fair and recreation board shall comply with theprovisions of the Local Government Budget and Finance Act.

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

NRS 244A.617 Loansby counties for preliminary costs of organization. Theboard of county commissioners of any county proceeding under the provisions of NRS 244A.597 to 244A.655, inclusive, is authorized toadvance such money to the board as may be necessary to pay the preliminaryorganization, administration and engineering costs thereof, including bondelections as provided in NRS 244A.597to 244A.655, inclusive, on such termsof repayment as may be agreed upon, and the county is authorized to secure thenecessary money in the manner provided by law authorizing medium-termobligations.

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

NRS 244A.619 Powersand duties of board. In addition to powers elsewhereconferred, the county fair and recreation board of any county, upon behalf ofthe county and in connection with the recreational facilities hereinauthorized, is authorized and empowered:

1. To establish, construct, purchase, lease, enterinto 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 managerecreational facilities, including personal property, real property, lands,improvements and fixtures thereon, property of any nature appurtenant theretoor used in connection therewith, and every estate, interest and right, legal orequitable, therein, including terms for years.

2. To insure or provide for the insurance of anyrecreational facility against such risks and hazards as the board may deemadvisable.

3. To arrange or contract for the furnishing by anyperson, agency, association or corporation, public or private, of services,privileges, works or facilities for, or in connection with, a recreationalfacility; and to hire and retain officers, agents and employees, including afiscal adviser, engineers, attorneys, or other professional or specializedpersonnel.

4. To direct the board of county commissioners, withthe concurrence of the board, to acquire by the exercise of the power ofeminent domain any real property which the county fair and recreation board maydeem necessary for its purposes under NRS244A.597 to 244A.655, inclusive,after the adoption by the board of a resolution declaring that its acquisitionis necessary for such purposes. This power shall be exercised in the mannerprovided by any applicable statutory provisions and laws of the State ofNevada. Title to property so acquired shall be taken in the name of the county.

5. To sell, lease, exchange, transfer, assign orotherwise dispose of any real or personal property, or any interest thereinacquired for the purpose of NRS 244A.597to 244A.655, inclusive, including thelease of any recreational facility acquired by the county under the provisionsof NRS 244A.597 to 244A.655, inclusive, which is to beoperated 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 withany recreational facility, and to take such action as necessary or desirable toeffect their collection, and, with the consent of the board of countycommissioners, to provide for the levy by the board of county commissioners ofad valorem taxes, the proceeds thereof to be used in connection with therecreational facilities.

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

8. To enter into contracts, leases or otherarrangements for commercial advertising purposes with any person, partnershipor corporation.

9. To exercise all or any part or combination of thepowers 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 andthings necessary, convenient, desirable or appropriate to carry out theprovisions of NRS 244A.597 to 244A.655, inclusive.

[8:383:1955](NRS A 1963, 793; 1973,1509)(Substituted in revision for NRS 244.685)

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

1. Set aside a fund in an amount that it considersnecessary and which may be expended in the discretion of the board to promoteor attract conventions, meetings and like gatherings that will utilize therecreational facilities authorized by NRS244A.597. The expenditure is hereby declared to be an expenditure made fora public purpose.

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

3. Enter into contracts for advertising pursuant tothis section and pay the cost of the advertising, including a reasonablecommission.

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

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

1. Except as otherwise provided in subsections 2 and3, in a county whose population is 400,000 or more, the county fair andrecreation board, in addition to any other powers, may also use any money thatit receives to pay the cost of projects for improving, operating or maintainingan airport, or any combination thereof, including, without limitation, projectsdesigned to encourage tourism or to improve access to airports by tourists.

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

3. No money may be expended pursuant to this sectionwith respect to a particular airport in excess of $500,000 during any fiscalyear.

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

NRS 244A.623 Transactionsextending beyond terms of members. Members ofa county fair and recreation board may enter into contracts, leases, franchisesand other transactions extending beyond their terms of office as members of thecounty fair and recreation board.

(Added to NRS by 1977, 818)(Substituted in revisionfor NRS 244.6855)

NRS 244A.625 Appropriationand expenditure of money for recreational facilities in certain counties. In any county whose population is 100,000 or more and lessthan 400,000, the county fair and recreation board may at any time appropriateand authorize the expenditure of money derived from any source and under thejurisdiction of the board for recreational facilities as described in NRS 244A.597, regardless of anylimitations in any transfer to the board of the proceeds of any license taxesor other money initially caused to be collected by any political subdivision,but subject to any contractual limitations pertaining to money so appropriatedand subject to any existing appropriations and any other encumbrances on thatmoney to meet obligations existing when the appropriation is made, accrued ornot accrued and determinable or contingent.

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

NRS 244A.627 Limitationson powers of county fair and recreation board concerning real property incertain counties. Notwithstanding any otherprovision of law, no county fair and recreation board in a county whosepopulation is 100,000 or more and less than 400,000 may acquire, purchase,lease, sell, or dispose of any real property or engage in any other transactionrelating to real property without prior approval of the board of countycommissioners.

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

NRS 244A.629 Acceptanceof federal aid.

1. In addition to the powers conferred upon a countyfair 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 financialassistance from the Federal Government or any agency or instrumentalitythereof, corporate or otherwise, for or in aid of any recreational facilitywithin its area of operation, and to comply with such conditions, trustindentures, 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 authorizeevery county to do any and all things necessary, convenient or desirable tosecure the financial aid or cooperation of the Federal Government in theundertaking, acquisition, construction, maintenance or operation of anyrecreational facility of the county.

[9:383:1955](NRS A 2003, 2264)

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

[10:383:1955](Substituted in revision for NRS244.695)

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

(Added to NRS by 1967, 1379)(Substituted in revisionfor NRS 244.696)

Bonds for Recreational Facilities

NRS 244A.637 Issuanceof general obligation or revenue bonds.

1. For the acquisition of any recreational facilitiesauthorized in NRS 244A.597 to 244A.655, inclusive, the county fair andrecreation 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 fromtaxes; and

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

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

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

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

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

(4) Payable or secured by any combination ofsubparagraph (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, publicor private, creating an indebtedness if a question authorizing such contract issubmitted to and approved by a majority of the qualified electors of the countyin the manner provided in NRS 350.020 to350.070, inclusive. This paragraph doesnot apply to contracts for the prepayment of rent or other similar obligations.

2. Revenue bonds issued pursuant to this section mustbe authorized by resolution of the county fair and recreation board, and nofurther approval by any person, board or commission is required.

[12:383:1955](NRS A 1969, 1577; 1981, 952; 1999, 987)

NRS 244A.641 Executionof bonds and coupons. The bonds and any couponsmust 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 chairmanof 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 Saleof bonds; employment of expert services. Theboard is authorized to sell such bonds from time to time in the mannerprescribed in NRS 350.115 to 350.195, inclusive, and may employ legal,fiscal, engineering or other expert services in connection with theacquisition, improvement, extension or betterment of the improvements orfacilities and with the authorization, issuance and sale of the bonds.

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

NRS 244A.645 Powersof board concerning license taxes assigned or appropriated by cities, towns andcounties. In connection with any license taxesassigned or appropriated by any city, town or county, or any combinationthereof, for use in connection with NRS244A.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 totime, receive, control, invest and order the expenditure of all moneypertaining thereto, prescribe a procedure therefor, including, but not limitedto:

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

(b) Creating an office and hiring personnel therefor.

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

3. Defray further with the proceeds of any such taxthe costs of the county fair and recreation board and of officers, agents andemployees hired thereby, and of incidentals incurred thereby, of operating andmaintaining recreational facilities under the jurisdiction of the board,including, without limiting the generality of the foregoing, the payment ofreasonable promotional expenses pertaining thereto, payment of reasonableexpenses pertaining to the promotion of tourism and gaming generally, bothindividually and through grants to the chambers of commerce of the incorporatedcities of the county or other nonprofit groups or associations, and ofimproving, extending and bettering any recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive, including, but notlimited to, making annual grants to the State, the county and incorporatedcities in the county for capital improvements for recreational facilities, andof constructing, purchasing or otherwise acquiring any such recreationalfacilities.

4. Redeem any general obligation bonds or revenuebonds of the county issued pursuant to NRS244A.597 to 244A.655, inclusive,principal, interest and any prior redemption premium, regardless of whethersuch taxes are pledged as additional security for their payment.

5. Make contracts from time to time concerning anysuch license taxes, notwithstanding any such contract may limit the exercise ofpowers pertaining thereto, including the right of any city, town or the countyfrom time to time to increase, decrease or otherwise modify the tax, but nosuch change may be made which prejudicially affects any pledge of tax proceedsas additional security for the payment of bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive, and each other politicalsubdivision assigning or appropriating such taxes pertaining thereto must consentto any such modification.

6. Make rules and regulations concerning such licensetaxes, 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 Collectedlicense taxes held in trust. All taxes, leviedby a city, town or county for use in connection with NRS 244A.597 to 244A.655, inclusive, and collected by anymotel, hotel or gaming establishment are public moneys from the moment of theircollection and shall be held in trust by the establishment collecting suchtaxes for the use and benefit of the city, town or county levying such taxes orfor the use of the county fair and recreation board where such revenues havebeen assigned or appropriated to the county fair and recreation board.

(Added to NRS by 1969, 874)(Substituted in revisionfor NRS 244.744)

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

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

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

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

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

(Added to NRS by 1973, 315)(Substituted in revisionfor NRS 244.746)

NRS 244A.651 Revenueor 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 thecounty or of the general obligation bonds of the county, the payment of whichis secured or is additionally secured, as the case may be, by a pledge of therevenues of the recreational facilities, of any such other income-producingproject and of any such excise taxes, as provided in NRS 244A.637, or other such specialobligation securities so secured or other such additionally secured generalobligation securities of the county, the board may establish and maintain, andfrom time to time revise, a schedule or schedules of fees, rates and chargesfor services, facilities and commodities rendered by or through the recreationalfacilities, and any such other income-producing project and a schedule orschedules of any such excise taxes, as the case may be, in an amount sufficientfor that purpose and also sufficient to discharge any covenant in the proceedingsof the county fair and recreation board or board of county commissionersauthorizing the issuances of any of the bonds or other securities, includingany covenant for the establishment of reasonable reserve funds.

[21:383:1955](NRS A 1969,1579)(Substituted inrevision for NRS 244.750)

NRS 244A.653 Debtlimit of county whose population is 400,000 or more. Acounty whose population is 400,000 or more shall not become indebted for thosecounty recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance ofgeneral obligation bonds and other general obligation securities, other thanany notes or warrants maturing within 1 year from the respective dates of theirissuance, but excluding any outstanding revenue bonds, special assessment bondsor other special obligation securities, and excluding any outstanding generalobligation notes and warrants, exceeding 5 percent of the total last assessedvaluation of the taxable property in the county.

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

NRS 244A.655 Debtlimit of county whose population is less than 400,000.A county whose population is less than 400,000 shall not becomeindebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance ofgeneral obligation bonds and other general obligation securities, other thanany notes or warrants maturing within 1 year from the respective dates of theirissuance, but excluding any outstanding revenue bonds, special assessment bondsor other special obligation securities, and excluding any outstanding generalobligation notes and warrants, exceeding 3 percent of the total last assessedvaluation of the taxable property in the county.

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

COUNTY ECONOMIC DEVELOPMENT REVENUE BOND LAW

NRS 244A.669 Shorttitle. NRS244A.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)(Substituted in revision for NRS 244.9191)

NRS 244A.671 Definitions. As used in NRS244A.669 to 244A.763, inclusive,unless a different meaning clearly appears from the context, the words andterms defined in NRS 244A.672 to 244A.693, inclusive, have the meaningsascribed 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 Affordablehousing defined. Affordable housing meansmultifamily housing for families of low or moderate income that is eligible fortax-exempt financing under section 142 of the Internal Revenue Code of 1986, ineffect on July 1, 1993, future amendments to that section and the correspondingprovisions of future internal revenue laws.

(Added to NRS by 1993, 1472)

NRS 244A.673 Boarddefined. Board means the board of county commissioners.

(Added to NRS by 1967, 1745)(Substituted in revisionfor NRS 244.9193)

NRS 244A.675 Bondsand revenue bonds defined. Bonds or revenuebonds means bonds, notes or other securities evidencing an obligation and issuedunder NRS 244A.669 to 244A.763, inclusive.

(Added to NRS by 1967, 1745)(Substituted in revisionfor NRS 244.9194)

NRS 244A.677 Capacitydefined. Capacity, as used of a project forthe generation and transmission of electricity, means the capability of theproject to generate electricity, and is measured in units of electrical power.

(Added to NRS by 1979, 677)

NRS 244A.678 Corporationfor public benefit defined. Corporation forpublic benefit means a corporation that is recognized as exempt under section501(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 futureinternal revenue laws.

(Added to NRS by 1993, 1472)

NRS 244A.679 Financeand financing defined. Finance or financingincludes the issue of bonds by a county for the purpose of using substantiallyall of the proceeds to pay (or to reimburse the obligor or its designee) forthe costs of acquiring, improving and equipping a project, whether these costsare incurred by the county, the obligor or a designee of the obligor. Title toor in such project may at all times remain in the obligor or the obligorsdesignee or assignee and, in such case, the bonds of the county shall besecured by a pledge of one or more notes, debentures, bonds or other secured orunsecured debt obligations of the obligor.

(Added to NRS by 1975, 425)(Substituted in revisionfor NRS 244.91947)

NRS 244A.681 Financingagreement defined. Financing agreementmeans:

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

(a) Make payments (directly or through notes,debentures, bonds or other secured or unsecured debt obligations of the obligorexecuted and delivered by the obligor to the county or the countys designee orassignee, including a trustee, pursuant to such financing agreement) sufficientto 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

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

(Added to NRS by 1975, 425; A 1979, 684)(Substitutedin revision for NRS 244.91948)

NRS 244A.682 Healthand care facility defined. Health and carefacility means a hospital, facility for intermediate care, facility forskilled nursing or facility for the care of adults during the day, as thoseterms are defined in chapter 449 of NRS.

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

NRS 244A.6825 Historicstructure defined. Historic structure meansa building, facility or other structure which is eligible for listing in theState Register of Historic Places under NRS383.085.

(Added to NRS by 1985, 2179)

NRS 244A.683 Mortgagedefined. Mortgage includes a deed of trustand any other security device for both real and personal property.

(Added to NRS by 1967, 1745)(Substituted in revisionfor NRS 244.9195)

NRS 244A.685 Obligordefined. 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 itslegal representative, agent or assigns, who agrees to make the paymentsrequired by the financing agreement.

(Added to NRS by 1975, 426)(Substituted in revisionfor NRS 244.91955)

NRS 244A.687 Pollutiondefined. Pollution means any form of environmentalpollution including but not limited to water pollution, air pollution, pollutioncaused by solid waste disposal, thermal pollution, radiation contamination ornoise pollution as determined by the various standards prescribed by this stateor the Federal Government.

(Added to NRS by 1973, 973)(Substituted in revisionfor NRS 244.91957)

NRS 244A.689 Projectdefined. Project means:

1. Any land, building or other improvement and allreal and personal properties necessary in connection therewith, whether or notin existence, suitable for:

(a) A manufacturing, industrial or warehousingenterprise;

(b) An organization for research and development;

(d) A supplemental facility for a health and carefacility;

(e) The purposes of a corporation for public benefit;or

(f) Affordable housing.

2. The refinancing of any land, building or otherimprovement and any real and personal property necessary for:

(a) A health and care facility;

(b) A supplemental facility for a health and carefacility;

(d) Affordable housing.

3. Any land, building, structure, facility, system,fixture, improvement, appurtenance, machinery, equipment, or any combinationthereof 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 legalrepresentative, agent or assigns:

(a) For the reduction, abatement or prevention ofpollution or for the removal or treatment of any substance in a processedmaterial which otherwise would cause pollution when such material is used.

(b) In connection with the furnishing of water ifavailable on reasonable demand to members of the general public.

4. Any real or personal property appropriate foraddition to a hotel, motel, apartment building, casino or office building toprotect it or its occupants from fire.

5. Any undertaking by a public utility, in addition tothat allowed by subsections 2 and 3, which is solely for the purpose of makingcapital improvements to property, whether or not in existence, of a publicutility.

6. In addition to the kinds of property described insubsections 2 and 3, if the project is for the generation and transmission ofelectricity, 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 itsrestoration for its original or another use, if the plan has been approved bythe Office of Historic Preservation of the Department of Cultural Affairs.

(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)

NRS 244A.691 Revenuesdefined. Revenues of a project, or derivedfrom a project, include payments under a lease, agreement of sale or financingagreement, or under notes, debentures, bonds and other secured or unsecureddebt obligations of an obligor executed and delivered by the obligor to thecounty or the countys designee or assignee (including a trustee) pursuant tosuch lease, agreement of sale or financing agreement.

(Added to NRS by 1975, 426)(Substituted in revisionfor NRS 244.91965)

NRS 244A.692 Supplementalfacility for a health and care facility defined. Supplementalfacility for a health and care facility includes a clinic, facility foroutpatients, and any other structure or facility directly related to theoperation of a health and care facility.

(Added to NRS by 1981, 386)

NRS 244A.693 Warehousingdefined. Warehousing means the consignmentof personal property from outside this state to a private warehouse within thisstate for temporary storage during the transit of the property to a finaldestination outside the State.

(Added to NRS by 1975, 1383)(Substituted in revisionfor NRS 244.91968)

NRS 244A.695 Legislativeintent. It is the intent of the Legislature toauthorize counties to finance, acquire, own, lease, improve and dispose ofproperties to:

1. Promote industry and employment and develop tradeby inducing manufacturing, industrial and warehousing enterprises andorganizations for research and development to locate in, remain or expand inthis state to further prosperity throughout the State and to further the use ofthe 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 thepublic and promote private industry, commerce and employment in this state by:

(a) Reducing, abating or preventing pollution orremoving or treating any substance in processed material which would causepollution; and

(b) Furnishing energy, including electricity to thepublic, if available on reasonable demand, and providing facilities to transmitelectricity for sale outside the State.

4. Promote the health of residents of the county byenabling a private enterprise to acquire, develop, expand and maintain healthand care facilities and supplemental facilities for health and care facilitieswhich will provide services of high quality to those residents at reasonablerates.

5. Promote the educational, cultural, economic andgeneral welfare of the public by financing the preservation of historicstructures 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 thecounty by enabling corporations for public benefit to acquire, develop, expandand maintain facilities that provide services for those residents.

7. Promote the social welfare of the residents of thecounty 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 Exerciseof powers by county; liberal construction.

1. Each county is vested with all the powers necessaryto accomplish the purposes set forth in NRS244A.695, but these powers must be exercised for the health, safety andwelfare of the inhabitants of this state.

2. NRS 244A.669to 244A.763, inclusive, must beliberally construed in conformity with the purposes set forth in NRS 244A.695.

(Added to NRS by 1985, 2179)

NRS 244A.697 Generalpowers. In addition to any other powers, eachcounty 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 asotherwise provided in this subsection must be located within this state, andwhich may be located within or partially within that county. If a project isfor the generation and transmission of electricity and the county deems it necessary:

(a) To connect the project with facilities locatedoutside this state, transmitting facilities necessary for that interconnectionmay be located outside this state, but financing for those transmittingfacilities must be limited to the amount necessary to interconnect the projectwith the nearest compatible transmitting facility of the participant in theproject with which the connection is to be made.

(b) To acquire or develop fuel or water or rightsthereto, or to transport fuel or water from outside the county or State, thenecessary facilities, fuel, water or rights thereto may be located whollyoutside the county or outside the State.

Any waterrights for such a project to be obtained by appropriation may only beappropriated within the boundaries of the county within which the generatingfacility is located, unless the board of county commissioners of another countyapproves the appropriation within its boundaries for that purpose.

2. To finance, sell, lease or otherwise dispose of anyor all its projects upon such terms and conditions as the board considersadvisable.

3. To issue revenue bonds for the purpose of financingor defraying all or any portion of the cost of acquiring, improving andequipping any project as set forth in NRS244A.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 transmissionof electricity, to own the project in its entirety or an undivided interest inthe project with one or more other owners, and to enter into agreements withrespect 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 ofthe project.

6. To take such actions as are necessary or useful inorder to undertake, carry out, accomplish and otherwise carry out theprovisions of NRS 244A.669 to 244A.763, inclusive, including theadoption of resolutions, which may be introduced and adopted at the samespecial or regular meeting of the board and which become effective uponadoption unless otherwise specified in the resolution.

(Added to NRS by 1967, 1745; A 1973, 967; 1975, 427;1979, 686; 2001, 2074)

NRS 244A.6975 Issuanceof bonds for affordable housing or residential housing for corporation forpublic benefit. The governing body of a countymay approve the issuance of bonds for a project for affordable housing or forany form of residential housing for the purposes of a corporation for publicbenefit only if:

1. The amount of the bonds to be issued is less than$15,000,000;

2. An independent consultant hired by the governingbody has reported favorably on the financial feasibility of the project;

3. The bonds will be sold to not more than 10investors, each of whom certifies that he:

(a) Has a net worth of $500,000 or more; and

(b) Is purchasing the bonds for investment and not forresale; and

4. The issuance of the bonds is approved by the StateBoard of Finance, unless the amount of the bonds to be issued is $5,000,000 orless.

(Added to NRS by 1993, 1472)

NRS 244A.698 Restrictionson powers of county. A county may not, under NRS 244A.669 to 244A.763, inclusive:

1. Operate any manufacturing, industrial orwarehousing enterprise or an organization for research and development to whichit provided assistance; or

2. Assist any manufacturing, industrial or warehousingenterprise or organization for research and development to locate in thecounty, except for:

(a) Health and care facilities;

(b) Supplemental facilities for health and carefacilities;

(d) Affordable housing,

which wouldcompete substantially with an enterprise or organization already established inthat county for substantially the same intrastate markets.

(Added to NRS by 1985, 2179; A 1993, 1474)

1. A county which acquired or which contemplatesacquiring a project for the generation and transmission of electricity may sellall or part of its capacity and may charge for the use of its transmittingfacilities, and for this purpose may contract with one or more purchasers. Theamount sold or charged to any purchaser or any combination thereof must notexceed the amount allowable under the Internal Revenue Code of 1954, asamended, or the United States Treasury Regulations prescribed thereunder so asto result in a change in or loss of the exemption from federal income tax orthe exclusion from gross income for the purposes of federal income tax for theinterest paid, or to be paid, on any bonds issued by the county to finance allor a portion of the costs of acquiring, improving or equipping the project,unless the bonds are issued pursuant to NRS244A.702.

2. If a county decides to sell capacity of the projectafter the expiration of all of the initial contracts for such sale, it shallgive a first right of refusal to electric utilities which primarily serveretail customers in this state to purchase that capacity. No right of firstrefusal 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 theyexist at that time, such a right of first refusal would or could result in achange in or loss of the exemption from federal income tax or the exclusionfrom gross income for the purposes of federal income tax for the interest paidor to be paid on any bonds issued or to be issued by the county to finance allor a portion of the costs of acquiring, improving or equipping the project,unless the bonds are issued pursuant to NRS244A.702.

3. Any agreement between a county and a purchaser ofall or part of the capacity of a project may include a provision that theobligation of the purchaser to make payments:

(a) Exists whether or not:

(1) The project or any part thereof iscompleted, operating or capable of operation; or

(2) The generation of electricity from theproject is stopped or reduced for any reason.

(b) Must not be reduced by offset or otherwise.

(c) Is not conditional upon the performance, by anyparty to the agreement described in this subsection, of that partys obligationunder any other agreement.

(Added to NRS by 1979, 677; A 1985, 641; 1987, 537)

NRS 244A.701 Projectfor generation and transmission of electricity: Studies, surveys and options. A county may issue bonds to finance solely the costs ofstudies, surveys and options with respect to a project for the generation andtransmission of electricity. Before doing so, the county shall arrange for therepayment of those costs under an agreement or agreements which may provide forthe purchase by the obligor or obligors thereunder of the studies, surveys andoptions through payments sufficient to pay the principal of and interest on thebonds issued to finance those costs if and to the extent the principal of andinterest on such bonds are not paid from the proceeds of additional bondsissued to finance the remaining costs of the project. If the obligor orobligors decide that the project is not feasible, they shall pay the costs ofthe studies, surveys and options within 1 year. Such agreements may alsoinclude a commitment or agreement by the county to enter into contracts at alater date for the sale of all or part of the capacity of the project to or forthe use of the transmitting facilities of the project by the obligors and forthe construction and operation of such project by one or more purchasers ofcapacity of the project. The terms and provisions of such contracts to beexecuted at a later date must be approved by the board of county commissionersat the time of or before the first issuance of bonds.

(Added to NRS by 1979, 678)

NRS 244A.702 Projectfor generation and transmission of electricity: Issuance of taxable bonds toacquire, improve or equip project.

1. A county may issue revenue bonds the interest onwhich is not exempt from federal income tax or excluded from gross revenue forthe purposes of federal income tax to finance or defray all or any portion ofthe cost of acquiring, improving and equipping a project for the generation andtransmission of electricity.

2. A county may:

(a) Designate the portion of the capacity of theproject which is to be owned by the county and the portion of the costs of theproject which is to be financed with such bonds.

(b) Provide that such bonds are secured and payableseparately from other bonds issued for the project, and provide for theallocation of the proceeds of the bonds and the revenues derived from theproject.

(Added to NRS by 1987, 536)

NRS 244A.703 Projectfor generation and transmission of electricity: Sale and issuance of additionalbonds.

1. If a county determines, in the proceedings or anagreement with respect to the first issuance of bonds for the purpose offinancing a portion of the cost of a project for the generation andtransmission of electricity, subsequently to issue additional bonds to financethe costs of the project, the costs of any improvements to the project whichare necessary to meet the requirements of any governmental authority, and thecosts of any replacements in the project occasioned by damage to, or the destructionor taking of, all or any part of the project, then the county is obligated, andit is the duty of the board of county commissioners or other appropriateofficers, to sell and issue such additional bonds from time to time as may benecessary if:

(a) All conditions to their issuance contained in anycontractual arrangement between the county and a lessee, purchaser or otherobligor have been satisfied; and

(b) The terms of the bonds to be issued do not violateany law of this state in effect at the time of passage of the resolutionauthorizing the issuance of the bonds.

2. The requirements of NRS 244A.707 and 244A.711 do not apply to the issuance ofbonds pursuant to this section.

(Added to NRS by 1979, 678)

NRS 244A.705 Enforcementof countys obligation to issue additional bonds or to contract for sale ofcapacity or for construction and operation of project.Any lessee, purchaser, obligor, trustee or other representative of bondholdersor any other interested party is entitled as of right to the enforcement of theobligations, if any, of the county to sell and issue additional bonds tofinance the remaining costs of acquiring, improving, and equipping a project,or to contract for the sale of the capacity of the project or for theconstruction and operation of a project, by mandamus or other suit, action orproceeding at law or in equity to compel the county, its board of countycommissioners or other appropriate officers to perform those obligations.

(Added to NRS by 1979, 680)

NRS 244A.707 Noticeand public hearing by board of county commissioners. Exceptas 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, aboard of county commissioners shall:

1. Give notice of its intention by publication atleast once in a newspaper of general circulation published in the county, or ifthere is no such newspaper then in a newspaper of general circulation in thecounty published in the State; and

2. Hold at least one public hearing, not less than 10nor more than 20 days after the date of publication of the notice.

(Added to NRS by 1967, 1745; A 1979,686)(Substituted in revision for NRS 244.9199)

NRS 244A.709 Detailsof 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 provisionsof NRS 244A.669 to 244A.763, inclusive, even though itextends beyond their terms of office, without setting forth in detail in anynotice the proposed terms or conditions thereof.

(Added to NRS by 1979, 680)

1. Except as otherwise provided in NRS 244A.703, after holding the requiredpublic 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 bythe county for the acquisition, improvement and equipment of the project;

(b) Receives a 5-year operating history from thecontemplated lessee, purchaser or other obligor, or from a parent or otherenterprise which guarantees principal and interest payments on any bondsissued;

(c) Receives evidence that the contemplated lessee,purchaser, other obligor or other enterprise which guarantees principal andinterest payments, has received within the 12 months preceding the date of thepublic hearing, or then has in effect, a rating within one of the top fourrating categories of either Moodys Investors Service, Inc., or Standard andPoors Ratings Services, except that a municipal or other public supplier ofelectricity in this state, a public utility regulated by the Public UtilitiesCommission of Nevada, the obligor with respect to a project described in NRS 244A.6975, the owner of a historicstructure, a health and care facility or a supplemental facility for a healthand care facility is not required to furnish that evidence;

(d) Determines by resolution that the contemplatedlessee, purchaser or other obligor has sufficient financial resources to placethe project in operation and to continue its operation, meeting the obligationsof the lease, purchase contract or financing agreement; and

(e) If the project is for the generation andtransmission of electricity, determines by resolution that the project willserve one or more of the purposes set forth in NRS 244A.695 and specifies in theresolution its findings supporting that determination.

2. If the project is for the generation and transmissionof electricity, the board may estimate the total amount of money necessary forits completion, and the total amount of money which may be provided by thecounty in connection with the project may exceed the estimate, without therequirement 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 financeany improvements to or replacements in the project and the county haspreviously determined to finance the remaining costs of acquiring, improvingand equipping the project.

3. The board may refuse to adopt such a resolutionwith respect to any project even if all the criteria of subsection 1 aresatisfied. If the board desires to adopt such a resolution with respect to anyproject where any criterion of subsection 1 is not satisfied, it may do so onlywith the approval of the State Board of Finance. In requesting this approval,the board of county commissioners shall transmit to the State Board of Financeall evidence received pursuant to subsection 1.

4. If any part of the project or improvements is to beconstructed by a lessee or his designee, a purchaser or his designee or anobligor or his designee, the board shall provide, or determine that there areprovided, sufficient safeguards to ensure that all money provided by the countywill 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 Bondsto be special obligations.

1. All bonds issued by a county under the authority ofNRS 244A.669 to 244A.763, inclusive, shall be special,limited obligations of the county. The principal of and interest on such bondsshall be payable, subject to the security provisions herein, solely out of therevenues derived from the financing, leasing or sale of the project to befinanced by the bonds.

2. The bonds and interest coupons, if any, appurtenantthereto shall never constitute the debt or indebtedness of the county withinthe meaning of any provision or limitation of the Constitution of the State ofNevada or statutes, and shall not constitute nor give rise to a pecuniaryliability of the county or a charge against its general credit or taxingpowers. Such limitation shall be plainly stated on the face of each such bond.

(Added to NRS by 1967, 1746; A 1973, 968; 1975,428)(Substituted in revision for NRS 244.9201)

NRS 244A.715 Formand terms of bonds.

1. The bonds must:

(a) Be authorized by resolution;

(b) Be in such denominations;

(d) Mature at such time or times not exceeding 40 yearsfrom their respective dates;

(e) Be in such form;

(f) Carry such registration privileges;

(g) Be executed in such manner, including the use ofone or more facsimile signatures so long as at least one manual signature appearson the bonds, which manual signature may be either an official of the county oran officer of the trustee authenticating the same;

(h) Be payable at such place or places within orwithout the State; and

(i) Be subject to such terms of redemption,

as theauthorizing 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 adesignated 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, insuch 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 ofelectricity, the determination with respect to the manner of sale of the bondsmust be made in the best interest of the participants, upon the recommendationand with the concurrence of the management committee. As an incidental expenseof the project, the county, in its discretion, may employ financial and legalconsultants in regard to the financing of the project.

4. The bonds are fully negotiable under the terms ofthe Uniform Commercial CodeInvestment 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 redemptionpremiums due in connection with the bonds shall be payable from, secured by apledge of and constitute a lien on the revenues out of which such bonds shallbe made payable. In addition, they may, in the discretion of the county, besecured 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 pledgeof the lease, the agreement of sale or the financing agreement with respect tosuch project, or both.

2. A pledge of one or more notes, debentures, bonds orother secured or unsecured debt obligations of the obligor.

No county isauthorized to pledge any of its property or otherwise secure the payment of anybonds with its property, except that the county may pledge the property of theproject or the revenues therefrom.

(Added to NRS by 1967, 1747; A 1973, 968; 1975, 429; 1977,589)(Substituted in revision for NRS 244.9203)

NRS 244A.719 Termsof resolution and instruments. The resolutionunder which the bonds are authorized to be issued, and any indenture ormortgage given to secure the same, may contain any provisions customarilycontained in instruments securing bonds and constituting a covenant with thebondholders, 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 thecost of the project.

2. The fixing and collection of payments, with respectto the project to be made under the lease, the agreement of sale or thefinancing agreement.

3. The terms to be incorporated in the lease, theagreement 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 anybond proceeds, revenues and income may be deposited or credited.

6. Limitation on the purpose to which the proceeds ofany 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 refundingof bonds and the replacement of bonds.

8. The procedure, if any, by which the terms of anycontract with bondholders may be amended or abrogated.

9. Vesting in a trustee or trustees located within orwithout this state such properties, rights, powers and duties in trust as theboard may determine, and limiting the rights, duties and powers of suchtrustees.

10. The rights and remedies available in case of adefault to the bondholders or to any trustee under the lease, agreement ofsale, financing agreement, indenture or a mortgage.

(Added to NRS by 1967, 1747; A 1973, 969; 1975,429)(Substituted in revision for NRS 244.9204)

NRS 244A.720 Issuanceof bonds by Director of Department of Business and Industry as specialobligations of State.

1. The board may exercise its power to issue bonds andto redeem them by requesting the Director of the Department of Business andIndustry to issue bonds to finance any project for which bonds could be issuedpursuant to NRS 244A.669 to 244A.763, inclusive.

2. If the Director believes that the bonds aremarketable under the terms set forth in the resolution of the board requestingtheir issuance, he may proceed to issue them as special obligations of theState, secured only by the revenues, mortgage or pledge specified in theresolution.

3. The Director may receive and disburse the revenuesof each project for which he has issued bonds, and may charge from those revenues,or directly to the county if those revenues are not sufficient, a reasonablecompensation for his services. The Director may exercise any power which theboard would have to collect payments due from the obligor.

(Added to NRS by 1981, 1620; A 1993, 1546)

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

1. The county may provide that proceeds from the saleof bonds and special funds from the revenues of the project must be investedand reinvested in such securities and other investments, whether or not anysuch investment or reinvestment is authorized under any other law of thisstate, as may be provided in the proceedings under which the bonds areauthorized to be issued, including, but not limited to:

(a) Bonds or other obligations of the United States ofAmerica.

(b) Bonds or other obligations, the payment of theprincipal and interest of which is unconditionally guaranteed by the UnitedStates of America.

(c) Obligations issued or guaranteed as to principaland interest by any agency or person controlled or supervised by and acting asan instrumentality of the United States of America pursuant to authoritygranted by the Congress of the United States of America.

(d) Obligations issued or guaranteed by any state ofthe 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 bycommercial banks.

(h) Repurchase agreements fully secured by obligationsissued or guaranteed as to principal and interest by the United States ofAmerica or by any person controlled or supervised by and acting as aninstrumentality of the United States of America pursuant to authority grantedby the Congress of the United States of America.

(i) Certificates of deposit issued by credit unions orcommercial banks, including banks domiciled outside of the United States ofAmerica.

(j) Money market mutual funds that:

(1) Are registered with the Securities and ExchangeCommission;

(2) Are rated by a nationally recognized ratingservice as AAA or its equivalent; and

(3) Invest only in securities issued orguaranteed as to payment of principal and interest by the Federal Government,or its agencies or instrumentalities, or in repurchase agreements that arefully collateralized by the securities.

2. The county may also provide that such proceeds orfunds or investments and the payments payable under the lease, the agreement ofsale or the financing agreement must be received, held and disbursed by one ormore banks, credit unions or trust companies located within or out of thisstate.

(Added to NRS by 1967, 1747; A 1973, 969; 1975, 430;1997, 2870; 1999,1464)

NRS 244A.723 Constructionof project. The county may also provide that:

1. The project and improvements to be constructed, ifany, shall be constructed by the county, lessee or the lessees designee,purchaser or purchasers designee, obligor or obligors designee, or any one ormore of them on real estate owned by the county, the lessee or the lesseesdesignee, or the purchaser or the purchasers designee, or the obligor or theobligors designee, as the case may be.

2. The bond proceeds shall be disbursed by the trusteebank or banks, trust company or trust companies, during construction upon theestimate, order or certificate of the lessee or the lessees designee or of thepurchaser or the purchasers designee, or of the obligor or the obligorsdesignee.

(Added to NRS by 1967, 1748; A 1973, 970; 1975,431)(Substituted in revision for NRS 244.9206)

NRS 244A.725 Limitationon countys obligation. In making such agreementsor provisions, a county shall not obligate itself, except with respect to theproject and the application of the revenues therefrom and bond proceedstherefor.

(Added to NRS by 1967, 1748)(Substituted in revisionfor NRS 244.9207)

NRS 244A.727 Rightsupon default.

1. The resolution authorizing any bonds or anyindenture or mortgage securing such bonds may provide that if there is adefault in the payment of the principal of, the interest on, or any priorredemption premiums due in connection with the bonds or in the performance ofany agreement contained in such resolution, indenture or mortgage, the paymentand performance may be enforced by mandamus or by the appointment of a receiverwith power to charge, collect and apply the revenues from the project inaccordance with the resolution or the provisions of the indenture or mortgage.

2. Any mortgage to secure bonds issued thereunder, mayalso provide that if there is a default in the payment thereof or a violationof any agreement contained in the mortgage, it may be foreclosed and there maybe a sale in any manner permitted by law. Such mortgage may also provide thatany trustee under such mortgage or the holder of any bonds secured thereby maybecome the purchaser at any foreclosure sale if he is the highest bidder andmay apply toward the purchase price unpaid bonds at the face value thereof.

(Added to NRS by 1967, 1748; A 1975,431)(Substituted in revision for NRS 244.9208)

NRS 244A.729 Determinationof costs of financing.

1. Prior to the initial leasing, sale or financing ofany project, the board shall by resolution determine:

(a) The amount, or reasonably anticipated range ofamounts, necessary in each year to pay the principal of and the interest on thefirst bonds proposed to be issued to finance such project and on any subsequentissues of bonds which may be permitted under the lease, sale or financing andauthorizing resolutions pertinent to financings hereunder.

(b) The amount necessary to be paid each year into anyreserve funds which the board may deem advisable to establish in connectionwith the retirement of the proposed bonds and the maintenance of the project.

(c) The estimated cost of maintaining the project ingood repair and keeping it properly insured, unless the terms under which theproject is to be leased, sold or financed provide that the lessee, purchaser orobligor shall maintain the project and carry all proper insurance with respectthereto.

2. The determination and findings of the board,required to be made by subsection 1, shall be set forth in the resolution underwhich the proposed bonds are to be issued, but the foregoing amounts need notbe expressed in dollars and cents in the lease, agreement of sale or financingagreement 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 isfor the generation and transmission of electricity, in any other form whichprovides 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 asotherwise provided for bonds issued to finance preliminaries to or any costsconnected with a project for the generation and transmission of electricity,before issuing any bonds authorized by NRS244A.669 to 244A.763, inclusive,the county shall lease, sell or finance the project under an agreementconditioned upon completion of the project and providing for payment to thecounty 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 bondsissued to finance the project.

2. Build up and maintain any reserves deemed advisableby the board in connection therewith.

3. Pay the costs of maintaining the project in goodrepair and keeping it properly insured, unless the lease, agreement of sale orfinancing agreement obligates the lessee, purchaser or obligor to pay for themaintenance and insurance on the project.

(Added to NRS by 1967, 1749; A 1973, 971; 1975, 432;1979, 689)(Substituted in revision for NRS 244.921)

NRS 244A.733 Optionto purchase.

1. If the project is to be leased, the lease may grantthe lessee an option to purchase all or a part of the project at a stipulatedpurchase price or prices or at a price or prices to be determined uponappraisal as provided in the lease.

2. The option may be exercised at such time or timesas the lease may provide.

3. The county and the lessee may agree and provide inthe lease that all or a part of the rentals paid by the lessee prior to and atthe time of the exercise of such option shall be applied toward such purchaseprice and shall be in full or partial satisfaction thereof.

(Added to NRS by 1967, 1749; A 1973,971)(Substituted in revision for NRS 244.9211)

NRS 244A.735 Refunding.

1. Any bonds issued under the provisions of NRS 244A.669 to 244A.763, inclusive, and at any timeoutstanding may at any time and from time to time be refunded by a county bythe issuance of its refunding bonds in such amount as the board may deemnecessary to refund the principal of the bonds to be so refunded, any unpaidinterest thereon and any premiums and incidental expenses necessary to be paidin connection therewith.

2. Any such refunding may be effected, whether thebonds to be refunded have matured or thereafter mature, either by sale of therefunding bonds and the application of the proceeds thereof, directly orindirectly, to the payment of the bonds to be refunded thereby, or by exchangeof the refunding bonds for the bonds to be refunded thereby, but the holders ofany bonds to be so refunded shall not be compelled, without their consent, tosurrender their bonds for payment or exchange prior to the date on which they arepayable by maturity date, option to redeem or otherwise, or if they are calledfor redemption, prior to the date on which they are by their terms subject toredemption by option or otherwise. Except to the extent expressly or impliedlyinconsistent with the terms of NRS244A.669 to 244A.763, inclusive,the provisions of the Local Government Securities Law govern the issuance ofsuch refunding bonds and the establishment of any escrow in connectiontherewith.

3. All refunding bonds, issued under authority of thissection, shall be payable solely from revenues out of which the bonds to berefunded thereby are payable or from revenues out of which bonds of the samecharacter may be made payable under this or any other law then in effect at thetime of the refunding.

(Added to NRS by 1967, 1749; A 1975, 432; 1977,589)(Substituted in revision for NRS 244.9212)

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

1. The proceeds from the sale of any bonds shall beapplied only for the purpose for which the bonds were issued and if, for anyreason, any portion of such proceeds is not needed for the purpose for whichthe bonds were issued, such unneeded portion of such proceeds shall be appliedto the payment of the principal of or the interest on the bonds.

2. The cost of acquiring, improving and equipping anyproject shall be deemed to include the actual cost of acquiring and improving asite or the cost of the construction of any part of a project which may havebeen constructed, plus the total of all reasonable or necessary costsincidental to the acquisition, construction, reconstruction, repair, alteration,improvement, equipment and extension of any project, including, withoutlimitation:

(a) The cost of studies and surveys, and theacquisition of options to purchase any real or personal property or interesttherein;

(b) Plans, specifications, architectural andengineering costs;

(d) Financing, acquisition, demolition, construction,equipment and site development of new and rehabilitated buildings;

(e) Rehabilitation, reconstruction, repair orremodeling 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 withinterest on bonds issued to finance such projects to a date 6 months subsequentto the estimated date of completion; and

(j) All other necessary and incidental expenses,including expenses incurred to assist in meeting the financial demands placedby a project upon the population of, or services furnished by, this state, acounty, city or town, or any political subdivision, agency or district thereofor created thereby, and capital contributions made by the county to, orfacilities provided by the county for the use of, any corporation or otherlegal entity to minimize pollution in the vicinity of the project, if thatpollution relates to the simultaneous operations of the project and thecorporation or other legal entity in those areas.

3. The authorization to expend money for the purposeslisted in paragraph (g) of subsection 2 does not preempt the authority of anystate regulatory agency which has jurisdiction over the resources, facilitiesor supplies to be acquired.

4. In establishing the budget to determine the rate ofad valorem taxation for a particular taxing entity for a fiscal year, theamount to be paid in that fiscal year by the county which owns or is financinga project, from the revenues of or the proceeds of bonds issued for theproject, as assistance in meeting the financial demands placed by the projectupon the people of or the services furnished by that taxing entity, must beoffset against the expenditures to be made by the taxing entity in that fiscalyear for those purposes.

(Added to NRS by 1967, 1750; A 1973, 971; 1975, 433;1979, 689)(Substituted in revision for NRS 244.9213)

NRS 244A.739 Paymentand contribution by county prohibited; exceptions.

1. Except as otherwise provided in this section, acounty shall not pay out of its general fund or otherwise contribute any partof the costs of acquiring, improving and equipping a project.

2. A county shall not use land already owned by thecounty, or in which the county has an equity interest for the construction of aproject unless:

(a) The land was specifically acquired for the purposeof a project;

(b) The board determines that the land is no longernecessary for other purposes of the county; or

3. The entire cost of acquiring, improving andequipping any project must be paid out of the proceeds from the sale of thebonds, but this provision does not prevent a county from accepting donations ofproperty to be used as a part of any project or money to be used for defrayingany part of the cost of any project, including the completion of the project bythe 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 Operationby county prohibited.

1. When all principal of, interest on and any priorredemption premiums due in connection with the bonds issued for a project havebeen paid in full, and if an option to purchase or option to renew a lease, ifany, contained in such lease has not been exercised as to all of the propertycontained in the project, the lease shall terminate and the county shall sellsuch remaining property or devote the same to county purposes other than thoseauthorized by NRS 244A.669 to 244A.763, inclusive.

2. No county may operate any project as a business orin any other manner except as a lessor or seller thereof. If the project is forthe generation and transmission of electricity, and the county retainsownership and sells the electricity generated or charges for the use of thetransmitting facilities, the project must be constructed and operated by one ormore of the purchasers of that electricity or users of the transmittingfacilities pursuant to agreement with the county.

3. Any such sale which is not made pursuant toexercise of an option to purchase by the lessee or pursuant to an agreement ofsale shall be conducted in the same manner as is then provided by law governingthe issuers sale of surplus property.

(Added to NRS by 1967, 1750; A 1973, 972; 1979,690)(Substituted in revision for NRS 244.9215)

NRS 244A.743 Projectfor generation and transmission of electricity: Legislative approval anddetermination of limit of capacity.

1. A county shall not commence the construction of aproject for the generation and transmission of electricity to be financedpursuant to NRS 244A.669 to 244A.763, inclusive, until theLegislature approves the project in general terms and fixes the limit of thecapacity of its generating facilities. After a project is originally soapproved, no further legislative approval is required except the addition ofgenerating facilities. For the purposes of this subsection, construction iscommenced when excavation is begun for the foundations of a unit for thegeneration of electricity.

2. Approval by the Legislature does not preempt theauthority of any state regulatory agency, including, without limitation, thePublic Utilities Commission of Nevada, the State Environmental Commission andthe State Department of Conservation and Natural Resources. The county shalldetermine, with the concurrence of the management committee, the capacity ofthe project to generate electricity, within the limit fixed by the Legislature.This determination must be made before the county applies to the PublicUtilities Commission for a permit to construct any generating unit.

(Added to NRS by 1979, 681; A 1997, 1977)

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

1. A county which undertakes a project for thegeneration and transmission of electricity shall provide in financingagreements for the project or in the contracts for the sale of capacity of theproject, and contracts for participation in ownership of the project, if any,for the establishment of a management committee. The committee must be composedof voting members, each of whom represents one or more purchasers of capacityor participating owners of an undivided interest in the project, and threenonvoting representatives of the county, appointed by the board of countycommissioners. Each voting member is entitled to a vote equal to the totalentitlement to capacity of the participant or participants represented by thatmember. The agreements or contracts must fix the numbers of voting members andthe manner of their appointment.

2. Action may be taken by the committee upon anaffirmative vote of voting members representing owner-participants andpurchaser-participants entitled to, in the aggregate, not less than 80 percentof the capacity of the project. The management committee shall exercise generalsupervision of the construction and operation of the project, including theapproval of all major contracts and other major matters relating toconstruction and operation of the project. These include, without limitation,contracts and matters relating to the acquisition of resources, facilities andsupplies, including rights thereto, for fuel, transportation of fuel, and waterfor the project.

3. The generating facilities of such project must bedesigned by a nationally recognized architectural and engineering firm of favorablereputation selected by the management committee. Unless otherwise provided for bythe management committee, all materials and construction for the project shall becompetitively 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 financingagreements or contracts.

(Added to NRS by 1979, 681)

NRS 244A.753 Countysproperty exempt from taxation; taxation of lessee, purchaser or obligor. Pursuant to NRS 361.060,all property owned by a county pursuant to NRS244A.669 to 244A.763, inclusive,is exempt from taxation. The lessee or purchaser shall pay whatever taxes areassessed to him pursuant to NRS 361.157and 361.159, and any obligor shall paywhatever taxes are assessed to him in the same manner as any other taxpayer.

(Added to NRS by 1967, 1751; A 1973, 972; 1975, 433;1979, 691)(Substituted in revision for NRS 244.9216)

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

1. If a project is for the generation and transmissionof electricity, payments must be made as provided in this section:

(a) In lieu of ad valorem taxes on property owned bythe county, and distributed in the same manner as those taxes would be distributedpursuant to NRS 361.320; and

(b) In lieu of the sales and use tax, local schoolsupport tax and city-county relief tax on tangible personal property purchasedor used, and distributed in the same manner as the tax would be distributedpursuant to NRS 372.780, 374.785, 377.055or 377.057, whichever applies.

2. The payments in lieu of taxes specified inparagraph (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 UseTax Act, Local School Support Tax Law or an ordinance or ordinances adoptedpursuant to the City-County Relief Tax Law, would be taxable if the exemptionsfor counties contained, respectively, in NRS372.325 and 374.330 were notapplicable. No such payment applies to any incident previously subjected to asales or use tax. Except as otherwise provided in this section and except tothe 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, theCity-County Relief Tax Law, any ordinance or ordinances adopted pursuantthereto, and other laws of the State dealing with taxes on the sale or use oftangible personal property govern the collection, payment, method of protest,exemptions and other matters relating to the payments required in lieu of thesetaxes.

3. The payments in lieu of ad valorem taxes must equalthe ad valorem taxes that would have been payable were the project subject toad valorem taxation and to assessment pursuant to NRS 361.320. This section does not precludethe Legislature from changing the method of assessment or allocation ofpayments in lieu of ad valorem taxes. The due date of payments in lieu of advalorem taxes to a particular taxing entity and the tax rate with respect tothe portion of the valuation of a project allocated to that entity must bedetermined in the same manner as for property which is subject to ad valoremtaxation by that taxing entity.

4. The county shall, in the agreement with eachpurchaser 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 nototherwise provided for from bond proceeds or other funds specifically madeavailable therefor, to provide for the payments in lieu of taxes required bythis section. The agreements must provide the method of determining the amountof such payments to be made by each such purchaser.

5. The payments in lieu of taxes required by thissection during the construction of the project are the responsibility of theparticipant who, pursuant to subsection 2 of NRS 244A.741, is constructing the projectand the payments in lieu of taxes during the period of operation of the projectare the responsibility of the participant who, pursuant to that subsection, isoperating the project. The responsibility of making such payments is limited tothe extent that there is legally available to the responsible participant, fromthe payments, proceeds or other funds mentioned in subsection 4, money to makesuch payments and the obligation of such participant or participants to makesuch payments in lieu of taxes is not a general obligation or liability of theresponsible participant. That participant shall take appropriate action toenforce the obligation, provided for in subsection 4, of the participants inthe project. A payment in lieu of taxes must not be made to the extent that themaking of the payment would cause a deficiency in the money available to thecounty to make required payments of principal of, premium, if any, or intereston any bonds issued by the county to finance the project or to make requiredpayments to any funds established under the proceedings under which such bondswere issued and secured. No lien attaches upon any property or money of thecounty or any property or money of the participant or participants mentioned inthe first sentence of this subsection by virtue of any failure to pay all orany part of any in lieu of taxes. The participant or participants constructingor operating the project or any other participant in the project may contestthe validity of any payment in lieu of a tax to the same extent as if suchpayment were a payment of the tax itself. The payments in lieu of taxes must bereduced if and to the extent that such contest is successful.

6. So long as a purchaser of capacity of the projectis required to make payments pursuant to subsection 4, that purchaser is notrequired to make any payment of tax pursuant to NRS 361.157 or 361.159 in respect of its interest orrights in that project.

7. The obligations to make payments in lieu of taxesrequired by this section do not constitute a debt or indebtedness of the countyand do not constitute or give rise to a pecuniary liability of the county or acharge against its general credit or taxing powers.

(Added to NRS by 1979, 679; A 1981, 1782; 1991, 1433)

NRS 244A.757 Eminentdomain not available; exception.

1. Except as otherwise provided in subsection 2, noland acquired by a county by the exercise of condemnation through eminentdomain 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 andtransmission of electricity, the county financing the project may acquire landor rights-of-way for generating facilities within its own boundaries, and mayacquire land or rights-of-way for transmission facilities or facilities for theproduction or transportation of fuel or water within or outside its boundaries,by the exercise of condemnation through eminent domain, unless the property tobe acquired is owned or otherwise subject to use or control by public utilitieswithin the State.

(Added to NRS by 1967, 1751; A 1979,691)(Substituted in revision for NRS 244.9217)

NRS 244A.759 Limitationof actions. No action may be brought questioningthe legality of any contract, lease, agreement, indenture, mortgage, resolutionproceedings or bonds executed, adopted or taken in connection with any projector improvements authorized by NRS 244A.669to 244A.763, inclusive, after 30 daysfrom the effective date of that contract, lease, agreement, indenture, ormortgage or the resolution first authorizing the issuance of those bonds, asthe case may be.

(Added to NRS by 1967, 1751; A 1973, 972; 1975, 434;1979, 691)(Substituted in revision for NRS 244.9218)

NRS 244A.761 Faithof State pledged against repeal, amendment or modification of NRS 244A.669to 244A.763,inclusive. The faith of the State is herebypledged that NRS 244A.669 to 244A.763, inclusive, will not berepealed, amended or modified to impair any outstanding bonds or any revenuespledged to their payment, or to impair, limit or alter the rights or powersvested in a county to acquire, finance, improve and equip a project in any waythat 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 anyagreement made with any lessee, purchaser or other obligor, until all bondshave been discharged in full or provision for their payment and redemption hasbeen fully made.

(Added to NRS by 1979, 680)

NRS 244A.763 CountyEconomic Development Revenue Bond Law constitutes full authority for exerciseof powers granted.

1. NRS 244A.669to 244A.763, inclusive, without referenceto other statutes of this State, constitute full authority for the exercise ofpowers granted in those sections, including, but not limited to, theauthorization and issuance of bonds.

2. No other act or law with regard to theauthorization or issuance of bonds that provides for an election, requires anapproval, or in any way impedes or restricts the carrying out of the actsauthorized in NRS 244A.669 to 244A.763, inclusive, to be done, appliesto any proceedings taken or acts done pursuant to those sections, except forlaws to which reference is expressly made in those sections or by necessaryimplication of those sections.

3. The provisions of no other law, either general orlocal, except as provided in NRS 244A.669to 244A.763, inclusive, apply to thedoing of the things authorized in those sections to be done, and no board,agency, bureau, commission or official not designated in those sections has anyauthority or jurisdiction over the doing of any of the acts authorized in thosesections to be done, except:

(a) As otherwise provided in those sections.

(b) That a project for the generation and transmissionof electricity is subject to review and approval by the state regulatoryagencies which have jurisdiction of the matters involved, including, withoutlimitation, the Public Utilities Commission of Nevada, the State EnvironmentalCommission and the State Department of Conservation and Natural Resources.

4. No notice, consent or approval by any public bodyor officer thereof may be required as a prerequisite to the sale or issuance ofany bonds, the making of any contract or lease, or the exercise of any otherpower under NRS 244A.669 to 244A.763, inclusive, except as providedin those sections.

5. A project is not subject to any requirementsrelating to public buildings, structures, ground works or improvements imposedby the statutes of this State or any other similar requirements which may belawfully waived by this section, and any requirement of competitive bidding orother restriction imposed on the procedure for award of contracts for suchpurpose or the lease, sale or other disposition of property of the counties isnot applicable to any action taken pursuant to NRS 244A.669 to 244A.763, inclusive, except that theprovisions of NRS 338.010 to 338.090, inclusive, apply to any contractfor new construction, repair or reconstruction for which tentative approval forfinancing is granted on or after January 1, 1992, by the county for work to bedone in a project.

6. Any bank or trust company located within or withoutthis State may be appointed and act as a trustee with respect to bonds issuedand projects financed pursuant to NRS244A.669 to 244A.763, inclusive,without the necessity of associating with any other person or entity ascofiduciary except that such association is not prohibited.

7. The powers conferred by NRS 244A.669 to 244A.763, inclusive, are in addition andsupplemental to, and not in substitution for, and the limitations imposed bythose sections do not affect the powers conferred by any other law.

8. No part of NRS244A.669 to 244A.763, inclusive,repeals or affects any other law or part thereof, except to the extent thatthose sections are inconsistent with any other law, it being intended thatthose sections provide a separate method of accomplishing its objectives, andnot 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 OF TELEPHONE SYSTEM USED FORREPORTING EMERGENCY

NRS 244A.7641 Definitions. As used in NRS244A.7641 to 244A.7647,inclusive, unless the context otherwise requires:

1. Mobile telephone service means cellular or otherservice to a telephone installed in a vehicle or which is otherwise portable.

2. Place of primary use has the meaning ascribed toit in 4 U.S.C. 124(8), as that section existed on August 1, 2002.

3. Supplier means a person authorized by the FederalCommunications Commission to provide mobile telephone service.

(Added to NRS by 1995, 1056; A 1999, 1686, 2715; 2001, 621, 622, 1642, 2124; 2003, 69)

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

1. Except as otherwise provided in this section, theboard of county commissioners in a county whose population is 20,000 or morebut less than 400,000 may, by ordinance, impose a surcharge on:

(a) Each access line or trunk line of each customer tothe local exchange of any telephone company providing those lines in thecounty; and

(b) The mobile telephone service provided to eachcustomer of that service whose place of primary use is in the county,

for theenhancement of the telephone system for reporting an emergency in the county.

2. The board of county commissioners of a county whosepopulation is less than 100,000 may not impose a surcharge pursuant to thissection unless the board first adopts a 5-year master plan for the enhancementof the telephone system for reporting emergencies in the county. The masterplan must include an estimate of the cost of the enhancement of the telephonesystem and all proposed sources of money for funding the enhancement.

3. The surcharge imposed by a board of countycommissioners pursuant to this section:

(a) For each access line to the local exchange of atelephone company, must not exceed 25 cents each month;

(b) For each trunk line to the local exchange of atelephone company, must equal 10 times the amount of the surcharge imposed for eachaccess line to the local exchange of a telephone company pursuant to paragraph(a); and

(c) For each telephone number assigned to a customer bya supplier of mobile telephone service, must equal the amount of the surchargeimposed for each access line to the local exchange of a telephone companypursuant to paragraph (a).

4. A telephone company which provides access lines ortrunk lines in a county which imposes a surcharge pursuant to this section or asupplier which provides mobile telephone service to a customer in such a countyshall collect the surcharge from its customers each month. Except as otherwiseprovided in NRS 244A.7647, thetelephone company or supplier shall remit the surcharge it collects to thetreasurer of the county in which the surcharge is imposed not later than the15th day of the month after the month it receives payment of the surcharge fromits customers.

5. An ordinance adopted pursuant to subsection 1 mayinclude a schedule of penalties for the delinquent payment of amounts due fromtelephone companies or suppliers pursuant to this section. Such a schedule:

(a) Must provide for a grace period of not less than 90days after the date on which the telephone company or supplier must otherwiseremit the surcharge to the county treasurer; and

(b) Must not provide for a penalty that exceeds 5percent of the cumulative amount of surcharges owed by a telephone company or asupplier.

6. As used in this section, trunk line means a linewhich provides a channel between a switchboard owned by a customer of atelephone company and the local exchange of the telephone company.

(Added to NRS by 1995, 1056; A 1997, 2212; 1999, 1686; 2001, 621, 1643, 2124; 2003, 152, 153)

NRS 244A.7645 Establishmentof advisory committee to develop plan to enhance telephone system for reportingemergency; creation of special revenue fund; use of money in fund. If a surcharge is imposed in a county pursuant to NRS 244A.7643, the board of countycommissioners of that county shall:

1. Establish, by ordinance, an advisory committee todevelop a plan to enhance the telephone system for reporting an emergency inthat county and to oversee any money allocated for that purpose. The advisorycommittee must consist of not less than five members who:

(a) Are residents of the county;

(b) Possess knowledge concerning telephone systems forreporting emergencies; and

If thecounty in which the surcharge is being imposed pursuant to NRS 244A.7643 has a population of lessthan 100,000, the advisory committee must include a representative of an incumbentlocal exchange carrier which provides service to persons in that county. Asused in this subsection, incumbent local exchange carrier has the meaningascribed 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 incumbentlocal exchange carrier pursuant to that section.

2. Create a special revenue fund of the county for thedeposit of the money collected pursuant to NRS244A.7643. The money in the fund must be used only to enhance the telephonesystem for reporting an emergency so that the number and address from which acall received by the system is made may be determined, including only:

(a) Paying recurring and nonrecurring charges fortelecommunication services necessary for the operation of the enhancedtelephone system;

(b) Paying costs for personnel and training associatedwith the routine maintenance and updating of the database for the system;

(d) Paying costs associated with any maintenance,upgrade and replacement of equipment and software necessary for the operation ofthe enhanced telephone system.

3. If the balance in the fund created pursuant tosubsection 2 which has not been committed for expenditure exceeds $500,000 atthe end of any fiscal year, reduce the amount of the surcharge imposed duringthe next fiscal year by the amount necessary to ensure that the unencumberedbalance 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)

NRS 244A.76455 Requiringdeposit of business license fees imposed in county whose population is lessthan 100,000 on providers of personal wireless service into special revenuefund; exceptions.

1. If the board of county commissioners of a countywhose population is less than 100,000 imposes a surcharge pursuant to NRS 244A.7643 and:

(a) The board also imposes a fee on a provider ofpersonal wireless service and the fee is a fee for a business license which isregulated pursuant to NRS 354.59881 to354.59889, inclusive, the countytreasurer shall, except as otherwise provided in this section, deposit themoney generated from that fee, including any penalty and interest assessedpursuant to NRS 354.59887, into thespecial revenue fund.

(b) A city located within the county imposes a fee on aprovider of personal wireless service and the fee is a fee for a businesslicense which is regulated pursuant to NRS354.59881 to 354.59889, inclusive,the governing body of the city shall transfer the money generated from thatfee, including any penalty and interest assessed pursuant to NRS 354.59887, to the county treasurerfor deposit into the special revenue fund.

2. A county treasurer shall not deposit any money intothe special revenue fund pursuant to this section if the deposit of the moneywould cause the unencumbered balance in the special revenue fund to exceed themaximum allowable balance for the special revenue fund set forth in NRS 244A.7645.

3. If the governing body of a city transfers to thecounty treasurer for deposit into the special revenue fund pursuant to thissection money generated from fees for business licenses which fees areregulated by NRS 354.59881 to 354.59889, inclusive, and the deposit ofthat money into the special revenue fund would cause the unencumbered balanceof the special revenue fund to exceed the maximum allowable balance for thespecial revenue fund set forth in NRS244A.7645, the county treasurer shall refund to the governing body of thecity that amount of such money which, if so deposited, would cause theunencumbered balance of the special revenue fund to exceed its maximumallowable balance.

4. As used in this section:

(a) Personal wireless service has the meaningascribed to it in NRS 354.598816.

(b) Special revenue fund means the special revenuefund created pursuant to NRS 244A.7645.

(Added to NRS by 2001, 2123)

NRS 244A.7646 Disputeof amount of surcharge or designation of place of primary use: Notice bycustomer; review by supplier; refund, credit or explanation.

1. If a customer of a supplier of mobile telephoneservice believes that the amount of a surcharge imposed pursuant to NRS 244A.7643 or the designation of aplace of primary use is incorrect, the customer may notify the supplier ofmobile telephone service in writing of the alleged error. The notice mustinclude:

(a) The street address for the place of primary use ofthe customer;

(b) The account number and name shown on the billingstatement of the account for which the customer alleges the error;

(d) Any other information which the supplier of mobiletelephone service may reasonably require to investigate the alleged error.

2. Within 60 days after receiving a notice sentpursuant to subsection 1, the supplier of mobile telephone service shall reviewthe records that the supplier of mobile telephone service uses to determine theplace of primary use of its customers.

3. If the review indicates:

(a) That the alleged error exists, the supplier ofmobile telephone service shall correct the error and refund or credit thecustomer for the amount which was erroneously collected for the applicableperiod, not to exceed the 24 months immediately preceding the date on which thecustomer notified the supplier of mobile telephone service of the allegederror.

(b) That no error exists, the supplier of mobileservice shall provide a written explanation to the customer who alleged theerror.

4. A customer may not bring a cause of action againsta supplier of mobile telephone service for surcharges incorrectly imposedpursuant to NRS 244A.7643 unless hefirst complies with this section.

(Added to NRS by 2001, 1642)

NRS 244A.7647 Recoveringcost of collecting surcharge. A telephonecompany or supplier which collects the surcharge imposed pursuant to NRS 244A.7643 is entitled to retain anamount of the surcharge collected which is equal to the cost to collect thesurcharge.

(Added to NRS by 1995, 1057; A 1999, 1686; 2001, 621)

TAXING DISTRICT TO PROVIDE TELEPHONE NUMBER FOR USE INEMERGENCY

NRS 244A.765 Definitions. As used in NRS244A.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 toestablish a system to provide a telephone number to be used in an emergency.

3. System means the system to provide a telephonenumber to be used in an emergency.

(Added to NRS by 1985, 953; A 1989, 266)

NRS 244A.767 Creationof taxing district in county whose population is 400,000 or more; boundaries ofdistrict; delegation of operation of system to metropolitan police department.

1. The board in any county whose population is 400,000or more, shall, by ordinance, create a taxing district to establish a system toprovide a telephone number to be used in an emergency if the question for thefunding 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 cityunless the governing body of the city petitions the board for inclusion in thedistrict; and

3. The board may delegate the operation of the systemto a metropolitan police department, if one has been established in the county.

(Added to NRS by 1985, 953; A 1989, 1906)

NRS 244A.768 Creationof taxing district in county whose population is less than 400,000; boundariesof district; delegation of operation of system to metropolitan policedepartment.

1. The board in any county whose population is lessthan 400,000 may submit to the voters of that county the question of whether ataxing district to establish a system to provide a telephone number to be usedin an emergency should be created within the county. If the question isapproved, the board, by ordinance, must create such a district.

2. The boundary of a district created pursuant tosubsection 1:

(a) Must be defined in the ordinance;

(b) May not include any part of an incorporated cityunless the governing body of the city petitions the board for inclusion in thedistrict; and

3. The board may delegate the operation of the systemto a metropolitan police department, if one has been established in the county.

(Added to NRS by 1989, 265; A 1989, 1936)

NRS 244A.769 Featuresof system. The system may include:

1. The automatic tracing of the telephone number andlocation from which a telephone call is made and the transmission of thatnumber or location to the answering location of the system; and

2. Any other feature which enables the system tooperate more efficiently and effectively.

(Added to NRS by 1985, 953)

NRS 244A.771 Systemto use 911 as primary telephone number; secondary number. The system shall use 911 as the primary emergencytelephone number. The board or the metropolitan police department, if theoperation of the system has been delegated to it, may establish a secondtelephone number to be used in an emergency in any political subdivisionparticipating in the system.

(Added to NRS by 1985, 953)

NRS 244A.773 Taxlevy: Approval of voters; exemption from limitation. Theboard shall, upon the approval of the voters of the county pursuant to NRS 244A.767 and 244A.768, levy and collect, from year toyear, a tax ad valorem on all taxable property in the district. The district isexempt from the limitation imposed by NRS354.59811.

(Added to NRS by 1985, 954; A 1989, 266, 2081, 2086)

NRS 244A.775 Determinationof rate of tax levy.

1. The board shall determine annually the amount ofmoney necessary to pay the costs of acquiring, operating and maintaining thesystem and shall fix a rate, not greater than one-half cent per $100 ofassessed valuation unless a different rate is established pursuant tosubsection 3, which, when levied upon every dollar of assessed valuation oftaxable property in the district will raise that amount.

2. If the operation of the system has been delegatedto the metropolitan police department, it shall submit to the board beforeApril 1 of each year a budget for the operation of the system for the followingfiscal year. The board shall consider the budget of the department in makingits determination of the amount of money necessary to be raised by taxation.

3. The maximum rate provided by subsection 1 for thelevy of the tax may be increased if the board so proposes to the registeredvoters of the district, specifying the proposed rate, and the proposal isapproved by a majority of the voters voting on the question at a primary orgeneral election or a special election called for that purpose.

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

5. The board shall levy and collect the tax upon theassessed 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)

NRS 244A.777 Collectionof taxes; tax constitutes lien.

1. Any officer charged with the duty of collectingtaxes shall collect the taxes levied pursuant to NRS 244A.775 at the same time and in thesame manner, and with like interest and penalties, as other taxes arecollected. When the tax is collected, he shall pay it monthly to the countytreasurer to the credit of:

(a) The district; or

(b) The metropolitan police department if the operationof the system has been delegated to it.

2. The tax levied pursuant to NRS 244A.765 to 244A.777, inclusive, with any interest orpenalties, and the cost of collecting the unpaid tax, penalty or interest, area lien on the property until they are paid. The lien must be executed, and hasthe same priority, as a lien for general taxes.

(Added to NRS by 1985, 954)

DISTRICT FOR THE SUPPORT OF PUBLIC PARKS

NRS 244A.785 Creationin certain counties; boundaries.

1. The board of county commissioners of a county whosepopulation is 400,000 or more may, by ordinance, create one or more districtswithin the unincorporated area of the county for the support of public parks.Such a district may include territory within the boundary of an incorporatedcity if so provided by interlocal agreement between the county and the city.

2. The ordinance creating a district must specify itsboundaries. The area included within the district may be contiguous ornoncontiguous. The boundaries set by the ordinance are not affected by laterannexations to or incorporation of a city.

3. The alteration of the boundaries of such a districtmay be initiated by:

(a) A petition proposed unanimously by the owners ofthe property which is located in the proposed area which was not previouslyincluded in the district; or

(b) A resolution adopted by the board of countycommissioners on its own motion.

If the boardof county commissioners proposes on its own motion to alter the boundaries of adistrict for the support of public parks, it shall, at the next primary orgeneral election, submit to the registered voters who reside in the proposedarea which was not previously included in the district, the question of whetherthe boundaries of the district shall be altered. If a majority of the votersapprove the question, the board shall, by ordinance, alter the boundaries ofthe district as approved by the voters.

4. The sample ballot required to be mailed pursuant toNRS 293.565 must include for thequestion described in subsection 3, a disclosure of any future increase ordecrease in costs which may be reasonably anticipated in relation to thepurposes of the district for the support of public parks and its probableeffect on the districts tax rate.

(Added to NRS by 1993, 64; A 1993, 337; 1995, 152)

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

1. The board of county commissioners is ex officio thegoverning 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 thatpurpose; and

(c) Provide for the use of revenue received by thedistrict, including the use of personnel or contracts of the county or the cityfor services within the boundary of a city, pursuant to interlocal agreement.

2. The board of county commissioners may hold meetingsas the governing body of the district in conjunction with its meetings as theboard of county commissioners without posting additional notices of themeetings within the district.

3. All persons employed to perform the functions of adistrict are employees of the county for all purposes.

(Added to NRS by 1993, 64)

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

1. The budget of a district for the support of publicparks must comply with the provisions of NRS354.470 to 354.626, inclusive, butneed not be separately prepared and may be included within the county budget.The district is not entitled to any share of revenue from the supplementalcity-county relief tax.

2. The governing body may submit to the registeredvoters of the district at a primary or general election:

(a) A proposal to issue general obligation bonds of thedistrict to finance the acquisition, construction, equipment and improvement ofone or more park projects within the district, or outside the district if thegoverning body finds that the park project will benefit the residents of thedistrict, but the amount of general obligation bonds or other securities soissued may not exceed 10 percent of the assessed valuation of the taxableproperty in the district. The ballot question for such a proposal must containthe principal amount of the general obligation bonds to be issued, the purposeof the issuance of the bonds and the estimate established by the governing bodyof:

(1) The duration of the levy of property taxthat will be used to pay the general obligations; and

(2) The average annual increase, if any, in theamount of property taxes that an owner of a new home with a fair market valueof $100,000 will pay for debt service on the general obligation bonds to beissued.

(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 withinthe district;

(3) Maintenance of public parks located outsidethe district if the governing body finds that the parks benefit the residentsof the district; or

(4) Any combination of those purposes.

3. The ballot question for a proposal submitted to theregistered voters pursuant to paragraph (b) of subsection 2 must contain therate 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 establishedby the governing body of the increase in the amount of property taxes that anowner of a new home with a fair market value of $100,000 will pay per year as aresult of the passage of the question.

4. As used in this section, park project has themeaning ascribed to it in NRS 244A.039.

5. If the proposal to issue bonds is approved by thevoters, the county may issue bonds of the district as provided in chapter 350 of NRS.

(Added to NRS by 1993, 64; A 1999, 1082)

MINOR LEAGUE BASEBALL STADIUM PROJECT

NRS 244A.800 Definitions. As used in NRS244A.800 to 244A.830, inclusive:

1. Department means the Department of Taxation.

2. Minor league baseball stadium project has themeaning 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; limitationon repeal or modification of authorizing ordinance.

1. Except as otherwise provided in subsection 2, theboard of county commissioners of a county whose population is 100,000 or morebut less than 400,000 may by ordinance impose a fee upon the lease of apassenger car by a short-term lessor in the county in the amount of not morethan 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 notapply to replacement vehicles. As used in this subsection, replacementvehicle means a vehicle that is:

(a) Rented temporarily by or on behalf of a person orleased to a person by a facility that repairs motor vehicles or a motor vehicledealer; and

(b) Used by the person in place of a motor vehicleowned by the person that is unavailable for use because of mechanicalbreakdown, repair, service, damage or loss as defined in the owners policy ofliability insurance for the motor vehicle.

3. Any proceeds of a fee imposed pursuant to thissection which are received by a county must be used solely to pay the costs toacquire, improve, equip, operate and maintain within the county a minor leaguebaseball stadium project, or to pay the principal of, interest on or otherpayments due with respect to bonds issued to pay such costs, including bondsissued to refund bonds issued to pay such costs, or any combination thereof.

4. The board of county commissioners shall not repealor amend or otherwise directly or indirectly modify an ordinance imposing a feepursuant to subsection 1 in such a manner as to impair any outstanding bondsissued by or other obligations incurred by the county until all obligations forwhich revenue from the ordinance have been pledged or otherwise made payablefrom such revenue have been discharged in full or provision for full paymentand redemption has been made.

5. As used in this section, the words and termsdefined in NRS 482.053 and 482.087 have the meanings ascribed to themin those sections.

(Added to NRS by 2003, 2927)

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

1. Any ordinance adopted pursuant to NRS 244A.810 must include a provisionrequiring the board of county commissioners to enter into a contract before theeffective date of the ordinance with the Department to perform all functionsincident to the collection and administration of the fee in the county. Such acontract must:

(a) Authorize the Department to retain 0.25 percent ofthe amount of the proceeds of the fee to reimburse the Department for itsexpenses in collecting and administering the fee; and

(b) Require the distribution of the remaining amount ofthe proceeds of the fee to the county at such a time and in such a manner asthe parties determine, which must be not less frequently than once eachcalendar quarter.

2. Any ordinance amending an ordinance adoptedpursuant to NRS 244A.810 must includea provision in substance that the county shall amend the contract made pursuantto subsection 1 by a contract made between the county and the Department,before the effective date of the amendatory ordinance, unless the countydetermines with the written concurrence of the Department that no suchamendment of the contract is necessary or desirable.

(Added to NRS by 2003, 2928)

NRS 244A.830 Stadiumauthority: Creation; members; duties.

1. A board of county commissioners that adopts anordinance imposing a fee pursuant to NRS244A.810 shall create a stadium authority to operate the minor leaguebaseball stadium project. The stadium authority must consist of:

(a) One member of the board of county commissionersappointed by the board;

(b) One member from the governing body of each city inthe county whose population is 60,000 or more, appointed by that governingbody; and

(c) If the stadium authority enters into an agreementwith an AA or AAA minor league baseball team pursuant to which the team agreesto play its home games in the stadium, two persons appointed by the owner ofthe team.

2. The members of the stadium authority serve at thepleasure of the governmental entity or person who appointed them to serve inthat capacity.

3. The stadium authority shall:

(a) Be responsible for the normal operations of theminor league baseball stadium project; and

(b) Enter into an agreement with the board of countycommissioners that sets forth the specific rights, obligations and duties ofthe stadium authority regarding those operations.

(Added to NRS by 2003, 2928)

PERFORMING ARTS CENTER

NRS 244A.850 Departmentdefined. As used in this section and NRS 244A.860 and 244A.870, Department means theDepartment of Taxation.

(Added to NRS by 2003, 20thSpecial Session, 294)

1. Except as otherwise provided in subsection 2, theboard of county commissioners of a county whose population is 400,000 or moremay by ordinance impose a fee upon the lease of a passenger car by a short-termlessor in the county in the amount of not more than 2 percent of the total amountfor which the passenger car was leased, excluding any taxes or other feesimposed by a governmental entity.

2. The fee imposed pursuant to subsection 1 must notapply to replacement vehicles. As used in this subsection, replacementvehicle means a vehicle that is:

(a) Rented temporarily by or on behalf of a person orleased to a person by a facility that repairs motor vehicles or a motor vehicledealer; and

3. After reimbursement of the Department pursuant toparagraph (a) of subsection 1 of NRS244A.870 for its expense in collecting and administering a fee imposedpursuant to this section, the remaining proceeds of the fee which are receivedby a county must be used to pay the costs to acquire, improve, equip, operateand maintain within the county a performing arts center, or to pay theprincipal of, interest on or other payments due with respect to bonds issued topay those costs, including bonds issued to refund bonds issued to pay thosecosts, or any combination thereof.

4. The board of county commissioners of a county thatimposes the fee authorized by subsection 1 may enter into a cooperativeagreement with another governmental entity in which the other governmentalentity agrees to receive the proceeds of the fee from the county if thecooperative agreement includes a provision that requires the other governmentalentity to assume all responsibility for the operation of the performing artscenter and to use the proceeds of the fee it receives from the county to paythe costs to acquire, improve, equip, operate and maintain within the county aperforming arts center, and to pay the principal of, interest on or other paymentsdue with respect to bonds issued to pay those costs, including bonds issued torefund bonds issued to pay those costs, or any combination thereof. Agovernmental entity that enters into a cooperative agreement with the board ofcounty commissioners pursuant to this subsection may delegate to a nonprofitorganization one or more of the responsibilities that the governmental entityassumed pursuant to the cooperative agreement, including, without limitation,the acquisition, design, construction, improvement, equipment, operation andmaintenance of the center.

5. The board of county commissioners shall not repealor amend or otherwise directly or indirectly modify an ordinance imposing a feepursuant to subsection 1 in such a manner as to impair any outstanding bondsissued by or other obligations incurred by the county until all obligations forwhich revenue from the ordinance have been pledged or otherwise made payablefrom such revenue have been discharged in full or provision for full paymentand redemption has been made.

6. A performing arts center to be acquired, improved,equipped, operated and maintained pursuant to this section may, regardless ofthe estimated cost of the center, be designed and constructed pursuant to acontract with a design-build team in accordance with NRS 338.1711 to 338.1727, inclusive.

7. As used in this section, the words and termsdefined in NRS 482.053 and 482.087 have the meanings ascribed to themin those sections.

(Added to NRS by 2003, 20thSpecial Session, 294; A 2005, 1360)

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

1. Any ordinance adopted pursuant to NRS 244A.860 must include a provisionrequiring the board of county commissioners to enter into a contract before theeffective date of the ordinance with the Department to perform all functionsincident to the collection and administration of the fee in the county. Such acontract must:

(a) Authorize the Department to retain 0.10 percent ofthe amount of the proceeds of the fee to reimburse the Department for itsexpenses in collecting and administering the fee; and

2. Any ordinance amending an ordinance adoptedpursuant to NRS 244A.860 must includea provision in substance that the county shall amend the contract made pursuantto subsection 1 by a contract made between the county and the Department,before the effective date of the amendatory ordinance, unless the countydetermines with the written concurrence of the Department that no suchamendment of the contract is necessary or desirable.

(Added to NRS by 2003, 20thSpecial Session, 295)

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